Legal Opinion

Barry & Sons, Inc. v. Instinct Productions LLC

New York Supreme Court

Decided May 24, 2004PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Carol R. Edmead, J.

In this action for a declaratory judgment and for negligence, defendant Instinct Productions, LLC moves for an order pursuant to CPLR 3211 (a) (7), dismissing the complaint of plaintiff Barry & Sons, Inc., doing business as Blackground Records, Inc., in its entirety for failing to state a cause of action.

This case is the most recent lawsuit to arise from the tragic and untimely death of R&B vocalist Aaliyah Dana Haughton who was killed in an airplane accident on August 25, 2001 in the Bahamas following the filming of a music video entitled “Rock the…

2Cases cited29 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
  3. W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
  4. Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
  5. Kass v. KassNew York Court of Appeals · 1998

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3Cited by2 opinions

  1. Barry & Sons, Inc. v. Instinct Productions LLCAppellate Division of the Supreme Court of the State of New York · 2005
  2. Barry & Sons, Inc. v. Instinct Prods. LLCNew York Supreme Court, New York County · 2004

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