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April 28, 2010
Navarone Productions, N.V. v. Sony Pictures Entertainment
Supreme Court of New York, New York County
The Honorable Shirley Werner Kornreich ruled in favor of Storch Amini client, Navarone Productions, N.V., (“Navarone”) and against Eberhard Kuehl (“Kuehl”), who was formerly a claimant in a related interpleader action, Navarone Productions, N.V. v. HSBC Gibbs Gulf Insurance, et al. Kuehl filed a motion in this action seeking an order, nunc pro tunc, that the interpleader action was final as to Kuehl, so that Kuehl could move for leave to appeal from the Court of Appeals in the interpleader case.
The Court of Appeals had dismissed Kuehl’s motion because it found the action was not final – Navarone had taken the position at the Court of Appeals that the action was not final because the issue of attorneys’ fees was still pending, and Kuehl had potential liability due to the trial court’s finding that Kuehl had committed fraud. Judge Kornreich found that Navarone’s position was correct in all respects, and ordered Kuehl to a hearing to determine Kuehl’s potential liability for attorneys’ fees.
Navarone was represented by Bijan Amini.download decision