Justin Baker-Rhett v. S. Carter Enterprises, LLC et al
| Justin Baker-Rhett |
| Kanye West and Aspiro AB |
| 1:2016cv05801 |
| July 21, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Gregory H. Woods |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Both |
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Filing
117
MEMORANDUM OPINION AND ORDER re: 96 MOTION to Dismiss [Refiled]. filed by Aspiro AB, 99 MOTION to Dismiss Plaintiff's Second Amended Class Action Complaint [Refiled] filed by Kanye West.For the reasons stated above , the defendant's motions to dismiss are GRANTED in part and DENIED in part: The plaintiff's claims arising under Sections 349 and 350 of New York's General Business Law are dismissed without prejudice. The plaintiff's fraudule nt inducement claim against Aspiro predicated on Aspiro's February 14 Tweet or alleged fraudulent concealment is dismissed without prejudice. The plaintiff's claim against Aspiro may proceed to the extent that it is predicated upon the alleged misrepresentation in Mr. West's February 15 Tweet. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 96 and 99. (Signed by Judge Gregory H. Woods on 6/22/2018) (tro)
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