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Roy's Boys LLC v. Hologram USA Entertainment

Ambiguity in Agreement's Termination Provisions Preclude Pre-Answer Motion to Dismiss

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The following e-filed documents, listed by NYSCEF document number 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21were read on this application to/for DismissDECISION AND ORDER

*1 Defendant Hologram USA Entertainment, Inc. (“Hologram”) moves for an order dismissing the complaint of Plaintiff Roy’s Boys, L.L.C. (“RB”) pursuant to CPLR 3211(a)(1) and (a)(7). The motion to dismiss is denied for the reasons stated herein.BackgroundPlaintiff RB is a Nashville-based company founded by the sons of Roy Orbison, a famous American singer-songwriter, to administer their late father’s music catalog and otherwise safeguard his legacy. Defendant Hologram is a media company specializing in the creation of holograms of celebrity entertainers, among others. On February 24, 2015, the parties entered into a written contract (the “Agreement”) granting Hologram an exclusive license for the creation of a

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