Felicie, Inc. v. Leibovitz

— Judgment, Supreme Court, New York County, entered March 13, 1978, dismissing the complaint, unanimously reversed, on the law, vacated, and the complaint reinstated, with $75 costs and disbursements payable to appellant by respondents. Appeal from order, same court, entered March 8, 1978, granting defendants’ motion to dismiss (CPLR 3211, subd [a], par 7), dismissed as subsumed in the judgment, without costs and without disbursements. The complaint alleges an oral contract with one Neiman, not a party, granting to plaintiff-appellant the right to publish and distribute in limited editions…