UPFRONT MEGATAINMENT, INC. v. THIAM

Index No. 652156/21. Appeal No. 91. Case No. 2022-03211.

215 A.D.3d 576 (2023)

189 N.Y.S.3d 50

2023 NY Slip Op 02087

Upfront Megatainment, Inc., Formerly Known as Upfront Entertainment, Inc., et al., Appellants, v. Aliune Thiam, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 25, 2023.


Attorney(s) appearing for the Case

Mitchell Silberberg & Knupp LLP, New York (Jeffrey M. Movit of counsel), for appellants.

Shapiro Arato Bach LLP, New York (Cynthia S. Arato of counsel), for respondent.

Concur—Kapnick, J.P., Kern, Friedman, Gesmer, Pitt-Burke, JJ.


Order, Supreme Court, New York County (Arthur Engoron, J.), entered July 5, 2022, which granted defendant's motion to dismiss the second cause of action for breach of contract to the extent it sought payment of royalties for periods after March 11, 2019, and to dismiss the cause of action for a declaratory judgment, unanimously modified, on the law, to deny the motion insofar as it sought dismissal of the second cause of action, and otherwise affirmed, without costs.

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