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Amusement Industry, Inc. et al v. Stern et al

MEMORANDUM OF LAW in Support re: 118 MOTION to Dismiss Amended Third Party Complaint of Joshua Safrin as against Moses Stern and First Republic Group Realty LLC.. Document

22 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 times   366 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  2. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,894 times   6 Legal Analyses
    Holding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"

  3. Iqbal v. Hasty

    490 F.3d 143 (2d Cir. 2007)   Cited 1,826 times   1 Legal Analyses
    Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"

  4. Freihofer v. Hearst Corp.

    65 N.Y.2d 135 (N.Y. 1985)   Cited 609 times
    Holding that violation of confidentiality provisions of New York's Domestic Relations Law by publication of information contained in court papers in a divorce action was not capable of sustaining an intentional infliction of emotional distress claim

  5. Alexander Alexander of New York, Inc. v. Fritzen

    68 N.Y.2d 968 (N.Y. 1986)   Cited 418 times   1 Legal Analyses
    Holding that "a mere conspiracy to commit a tort is never of itself a cause of action. Allegations of conspiracy are permitted only to connect the actions of separate defendants with an otherwise actionable tort"

  6. Salvatore v. Kumar

    45 A.D.3d 560 (N.Y. App. Div. 2007)   Cited 212 times   1 Legal Analyses
    Finding defamation claim properly dismissed for failure to state a claim where, inter alia, "plaintiffs failed to show that readers of the Report, which does not identify them by name but instead refers generally to certain 'executives and personnel' would be able to discern from the facts referred to in the Report that any defamatory statements were 'of and concerning' them"

  7. Messenger v. Gruner + Jahr Printing & Publishing

    94 N.Y.2d 436 (N.Y. 2000)   Cited 125 times
    Holding that no appropriation claim may lie where “plaintiff's photograph is used to illustrate a newsworthy article”

  8. Meeropol v. Nizer

    560 F.2d 1061 (2d Cir. 1977)   Cited 119 times
    Reversing grant of summary judgment to defendants because of factual uncertainties with respect to the substantiality of the use, the purpose of copying entire letters and long passages verbatim, and the effect of the book's publication on the future market for the letters

  9. Finger v. Omni Publs. Intl

    77 N.Y.2d 138 (N.Y. 1990)   Cited 72 times
    In Finger, "[n]either the article nor the caption mentioned plaintiffs' names or indicated in any fashion that the adult plaintiffs used caffeine or that the children were produced through in vitro fertilization" (Finger v. Omni Publs. Intl., supra, at 140, 564 N.Y.S.2d 1014, 566 N.E.2d 141 [emphasis added]).

  10. Corley v. Squire Inc.

    32 A.D.3d 978 (N.Y. App. Div. 2006)   Cited 39 times

    2005-10747. September 26, 2006. In an action to recover damages for personal injuries, the defendant Rick Osburn Construction, Inc., appeals from so much of an order of the Supreme Court, Orange County (Horowitz, J.), dated October 11, 2005, as denied those branches of its motion which were for summary judgment dismissing the cross claims of the defendant Country Squire Apartments, Inc., for contractual and common-law indemnification. Kelly Meenagh, Poughkeepsie, N.Y. (John P. Meenagh, Jr., and Maria

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,148 times   927 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 14 - Third-Party Practice

    Fed. R. Civ. P. 14   Cited 3,644 times   10 Legal Analyses
    Striking improper third-party claim is appropriate remedy

  13. Section 51 - Action for injunction and for damages

    N.Y. Civ. Rights Law § 51   Cited 555 times   12 Legal Analyses
    Affording cause of action for commercial use of name or picture without prior written consent

  14. Section 50 - Right of privacy

    N.Y. Civ. Rights Law § 50   Cited 525 times   8 Legal Analyses

    A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait , picture, likeness, or voice of any living person without having first obtained the written consent of such person, or if a minor of such minor's parent or guardian, is guilty of a misdemeanor. N.Y. Civ. Rights Law § 50 Amended by New York Laws 2024, ch. 58,Sec. MM-A-1, eff. 4/20/2024.