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May 17th, 2005, 12:40 GMT

Jay-Z fights R. Kelly in a countersuit

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Jay-Z's countersuit against singer R. Kelly was dismissed by a New York judge. R. Kelly sued Jay-Z last year in November for $75 million, claiming the rapper forced him off their national tour.

Jay-Z counteracted, suing R. Kelly for "damaging misconduct" when he was his tour co-headliner. Jay-Z also claimed that Kelly promised he will put on a good show which he didn't, therefore deluding him. R. Kelly is also supposed to have interfered in the contract with the tour promoter.

State Supreme Court Justice Charles Ramos granted a motion to dismiss both of the rapper's counterclaims, because, failing to fulfill a promise to try to do something is not breach of contract and a breach of contract cannot be turned into a fraud case, he said.

Jay-Z's decision to continue the tour alone was not Kelly's idea, but his, so Kelly didn't interfere with any contract. Attorney Jonathan Davis says he intends to file a new complaint.

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