Legal Opinion

Pevner v. Ensler

Appellate Division of the Supreme Court of the State of New York

Decided October 30, 2003PublishedCited by 21 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Herman Cahn, J.), entered July 30, 2002, dismissing the complaint, and bringing up for review an order, same court and Justice, entered July 5, 2002, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) as barred by the statute of frauds and pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, unanimously affirmed, without costs.

We conclude that plaintiffs claimed status as literary agent of defendant for the exploitation of her work, “The Vagina Monologues,” was that of one negotiating the purchase…

2Cases cited11 opinions

  1. Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
  2. Cron v. Hargro Fabrics, Inc.New York Court of Appeals · 1998
  3. Freedman v. Chemical Construction Corp.New York Court of Appeals · 1977
  4. Messner Vetere Berger McNamee Schmetterer Euro RSCG Inc. v. Aegis Group PlcNew York Court of Appeals · 1999
  5. Bauman Associates, Inc. v. H & M International Transport, Inc.Appellate Division of the Supreme Court of the State of New York · 1991

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3Cited by21 opinions

  1. Brown v. BrownAppellate Division of the Supreme Court of the State of New York · 2004
  2. Streit v. BushnellDistrict Court, S.D. New York · 2006
  3. CDR Créances S.A. v. Euro-American Lodging Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Sivin-Tobin Associates, LLC v. Akin Gump Strauss Hauer & Feld LLPAppellate Division of the Supreme Court of the State of New York · 2009
  5. Tradewinds Financial Corp. v. Repco Securities, Inc.Appellate Division of the Supreme Court of the State of New York · 2004

16 more not listed; retrieve them via the Exa API.

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