Legal Opinion

Behrens v. Metropolitan Opera Ass'n

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

Decided April 7, 2005PublishedCited by 22 opinions

1Opinion of the Court

OPINION OF THE COURT

Gonzalez, J.

In this action for personal injuries by a professional singer, the issue to be decided is whether the injured plaintiff has standing to seek recovery for lost earnings and royalties, notwithstanding that all of her professional earnings are paid directly to her wholly-owned S-corporation, and not to her individually. We find that because plaintiff is suing to recover her lost earnings, not the corporation’s lost profits, and because she has alleged a breach of duty owed to her individually, distinct from any duty owed to the corporation, Supreme Court properly…

2Cases cited11 opinions

  1. Abrams v. DonatiNew York Court of Appeals · 1985
  2. Steitz v. GiffordNew York Court of Appeals · 1939
  3. General Motors Acceptance Corp. v. KalksteinAppellate Division of the Supreme Court of the State of New York · 1984
  4. Ferguson v. Green Island Contracting Corp.New York Court of Appeals · 1975
  5. Tassone v. Mid-Valley Oil Co.Appellate Division of the Supreme Court of the State of New York · 2004

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

3Cited by22 opinions

  1. Madu, Edozie & Madu, P.C. v. Socketworks Ltd. NigeriaDistrict Court, S.D. New York · 2010
  2. Henneberry v. Sumitomo Corp. of AmericaDistrict Court, S.D. New York · 2006
  3. In Re Methyl Tertiary Butyl Ether (" Mtbe") ProductsDistrict Court, S.D. New York · 2009
  4. Vincent v. LandiAppellate Division of the Supreme Court of the State of New York · 2014
  5. Global Crossing Bandwidth, Inc. v. Locus Telecommunication, Inc.District Court, W.D. New York · 2009

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

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