BERNSTEIN v. SPATOLA


95 A.D.2d 765 (1983)

Mark A. Bernstein, Respondent, v. Carmine Spatola, Appellant, et al., Defendant

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

June 6, 1983


Order reversed, with costs, and motion for summary judgment denied.

The record discloses issues of fact that can be resolved only by trial. The basic issue is whether plaintiff's royalty agreement with defendant Spatola was the product of arm's length bargaining or the result of plaintiff's threat to sabotage the negotiations he was conducting on Spatola's behalf with a prospective licensee. Whether or not plaintiff and Spatola acted as joint venturers, the record...

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