Legal Opinion
DCA Advertising, Inc. v. The Fox Group, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 2003PublishedCited by 4 opinions
1Opinion of the Court
*174Order, Supreme Court, New York County (Charles Ramos, J.), entered July 18, 2002, which, inter alia, granted defendants’ motion for summary judgment only to the extent of severing and dismissing the complaint as against The Fox Group, unanimously modified, on the law, to dismiss the remaining defendant’s novation defense, and otherwise affirmed, without costs.
As the motion court found, there were issues of fact as to whether The Fox Group dominated the other defendant, Your Health. However, “[ejvidence of domination alone does not suffice without an additional showing that it led to inequity,…
2Cases cited6 opinions
- TNS Holdings, Inc. v. MKI Securities Corp.New York Court of Appeals · 1998
- Rogoff v. San Juan Racing Ass'n, Inc.New York Court of Appeals · 1981
- Grimaldi v. PaganAppellate Division of the Supreme Court of the State of New York · 1987
- Wasserstrom v. Interstate Litho Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Dratfield v. Gibson Greetings, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
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3Cited by4 opinions
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- First Call Friendly Note Buyers, Inc. v. McMenamyAppellate Division of the Supreme Court of the State of New York · 2007
- Maidman Family Parking, LP v. Wallace Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2016