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UNIVERSAL STUDIOS v. P.E.A. FILMS

63 A.D.2d 438 (1978)

Universal City Studios, Inc., Appellant-Respondent, v. P.E.A. Films, Inc., Respondent-Appellant, and Alberto Grimaldi, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

July 20, 1978

Attorney(s) appearing for the Case

James J. Hagan of counsel (Anthony E. Satula, Jr., and George M. Newcombe with him on the brief; Simpson Thacher & Bartlett, attorneys), for appellant-respondent.

Barry S. Neuman of counsel (Butzel & Kass, attorneys), for respondent and respondent-appellant.

EVANS, J. P., FEIN, MARKEWICH and SANDLER, JJ., concur.

LANE, J.

Cirandinha Productions, Inc., and P.E.A. Films, Inc. (P.E.A.), entered into a joint venture for the production and exploitation of a motion picture based on a novel entitled "They Shall Not Pass", as well as a screenplay based upon the novel. To accomplish this end, the joint venture entered into a contract with Universal City Studios, Inc. Universal subsequently brought this lawsuit to recover advances...

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