Hwesu S. Murray

Judgment, Supreme Court, New York County (Beverly S. Cohen, J.), entered September 26, 1990, which dismissed the action upon an order of the same court, entered August 30, 1990, which granted the motion of defendant-respondent to dismiss plaintiff's second amended complaint and denied plaintiff's cross-motion to dismiss the asserted defenses, unanimously affirmed, without costs. Appeal from the order of the same court and justice, entered February 28, 1990, which denied plaintiff's motion for recusal, and appeal from the order of the same court and justice entered August 30, 1990, which granted the motion of defendant to dismiss the second amended complaint and denied plaintiff's cross-motion to dismiss the asserted defenses, are dismissed as subsumed in the appeal from the judgment, without costs. In 1980, plaintiff submitted a one page proposal to defendant for a half-hour weekly series entitled ""Father's Day"" about an African-American middle-class family. Upon request, he fleshed out the concept and submitted a two page proposal suggesting, inter alia, that comedian Bill Cosby play the lead. The proposal was returned with an explanation that defendant was not interested. In 1984, The Cosby Show aired. Plaintiff wrote to defendant claiming that the show had been derived from his proposal, but defendant responded that the proposal had played no role in developing the show.