Smith v. BarnesandNoble.com LLC, No. 1:2012cv04374 - Document 37 (S.D.N.Y. 2014)

Court Description: OPINION AND ORDER. For the reasons set forth above, Defendant's Motion for Summary Judgment (ECF No. 27) is GRANTED as to Plaintiff's claim for unfair competition infringement and DENIED without prejudice as to Plaintiff's claim for di rect copyright infringement and contributory copyright infringement. The Court declines Plaintiff's invitation to "sua sponte" grant him summary judgment on his direct and contributory copyright infringement claims. re: 27 MOTION for Summary Judgment filed by BarnesandNoble.com LLC. (Signed by Judge Andrew L. Carter, Jr on 9/22/2014) (rjm)