SMART EGG PICTURES v. NEW LINE CINEMA CORP.


213 A.D.2d 302 (1995)

624 N.Y.S.2d 150

Smart Egg Pictures, S. A., Respondent, v. New Line Cinema Corporation et al., Appellants

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

March 23, 1995


The venture agreements in issue and other documentary evidence clearly show that plaintiff, a foreign corporation located in a foreign country, was to participate as a full partner in the joint venture that produced a movie and its first sequel, albeit one who had delegated its managerial responsibilities, and, as such, plaintiff was owed fiduciary responsibilities by its coventurers as a matter of law (Birnbaum v Birnbaum, 73 N.Y.2d 461

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