Opinion
00 Civ. 1995 (LAK)
July 24, 2000
ORDER
This is an action by an actor who appears in the New York production of the theatrical production, Jekyll Hyde, against the producer of the German production for violation of Sections 50 and 51 of the New York Civil Rights Law. Plaintiff contends that the German producer is using his likeness without consent on merchandise and other materials in violation of the statute. The defendant has moved to dismiss the action for lack of personal jurisdiction and to amend its answer. Plaintiff seeks leave to amend his complaint.
The motions for leave to amend both are granted, as neither side can demonstrate any prejudice therefrom. The motion to dismiss for lack of personal jurisdiction effectively has been mooted by the interposition of the amended complaint, which contains allegations that are not addressed in that motion and that are relevant to the jurisdictional issues. Accordingly, the motion to dismiss for lack of personal jurisdiction is denied without prejudice to renewal.
SO ORDERED.