Solow Mgt. Corp. v Arista Records, Inc.

2005 NY Slip Op 04334

Decided on May 31, 2005

Appellate Division, First Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 31, 2005
Andrias, J.P., Friedman, Marlow, Nardelli, Williams, JJ.
6196






Rosenberg & Estis, P.C., New York (Jeffrey Turkel of counsel),
for appellant.
Kaye Scholer LLP, New York (Efrem Schwalb of counsel), for
respondent.

Appeal from order, Supreme Court, New York County (Walter B. Tolub, J.), entered May 3, 2004, which, inter alia, found that certain actions were unrelated, unanimously dismissed as academic, with costs in favor of defendant, payable by plaintiff.In light of this Court's decision in Solow Management Corp. v Richard C. Seltzer (__ AD3d __, Appeal No. 6197), decided simultaneously herewith, the disputed finding in the presently appealed order is academic.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 31, 2005

CLERK