We are pleased to announce another successful outcome on behalf of a prominent music distribution and publishing platform client, this time before the Supreme Court of the State of New York.
Following prior unsuccessful actions brought against our client in multiple courts, the plaintiff commenced yet another lawsuit seeking $50,000 in damages and the removal of his music from all digital platforms and stores. The plaintiff simultaneously moved for a default judgment against our client.
We successfully opposed the motion and sought dismissal of the action in its entirety on multiple grounds. First, we demonstrated that the plaintiff failed to comply with the statutory requirements for obtaining a default judgment, including failing to provide admissible proof of service, proof of the facts underlying his claims, and a sum certain as required by law. Second, we argued that the complaint consisted entirely of vague and conclusory allegations insufficient to provide proper notice of any cognizable claims. Third, and perhaps most significantly, we established that the plaintiff’s own admissions revealed that his claims were barred by the doctrine of res judicata, having already been litigated and decided in prior proceedings. Finally, we argued that by filing in a new county after repeated losses elsewhere, the plaintiff had engaged in improper forum shopping.
The court agreed on all grounds, denying the default judgment motion and dismissing the complaint in its entirety without costs.
This result underscores our commitment to efficiently protecting our clients from repetitive and meritless litigation across all forums.
For more information about our commercial litigation practice, please contact our office.
