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A record company couldn't proceed with a negligence claim against a video production company for the death of its primary artist during a video shoot, the Supreme Court of New York, Appellate Division, First Department, decided. Barry & Sons Inc. v. Instinct Productions LLC, 4714. The artist Aaliyah signed an agreement with Blackground Records. Blackground entered into an agreement with Instinct Productions for production of the music video “Rock the Boat.” Aaliyah died in an airplane crash that Instinct chartered during video production. Aaliyah's parents filed a wrongful death action in California against Instinct that was later settled. Blackground then sued Instinct. The New York trial court dismissed Blackground's claim for a declaratory judgment of failure to perform the video production contract, but allowed Blackground to proceed with a claim that Instinct's negligence resulted in severe harm and loss to the record company.

Reversing on the negligence claim, the appellate court ordered dismissal of the complaint on the ground that this was in effect a wrongful death action. Wrongful death actions are generally statutory rights. Under N.Y. Est. Powers & Trusts Law Sec. 5-4.1, such claims can only be brought by a personal representative of a decedent. The appellate court then reasoned: “The facile complaint allegation that Aaliyah was its primary asset does nothing to dispel the obvious ' that Blackground's claims assert nothing more than a wrongful death action. … Under Blackground's analysis, it is essentially asserting a claim for negligent interference with contractual relations, a theory of liability not recognized in New York.”