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HOLENDER v. CAMMANN PRODS.

78 A.D.2d 233 (1980)

Adam Holender, Appellant, v. Fred Cammann Productions, Inc., et al., Respondents

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

December 18, 1980

Attorney(s) appearing for the Case

Robert F. Moraco of counsel (Ira M. Belfer with him on the brief; Belfer & Bogart, attorneys), for appellant.

Paul R. Marrone of counsel (Curtis, Mallet-Prevost, Colt & Mosle, attorneys), for respondents.

KUPFERMAN, J. P., and CARRO, J., concur with LUPIANO, J.; BIRNS, J., concurs in a separate opinion by FEIN, J.

LUPIANO, J.

Plaintiff in his complaint alleges an agreement entered into by plaintiff and the defendants in November, 1977, whereby defendants agreed to pay plaintiff upon completion of a certain motion picture, 25% of the "markup" or gross profits payable for production services to be supplied by defendants in the making of such film, which agreement was thereafter amended to reduce the compensation payable...

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