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MURRAY SCHWARTZ ENTERPRISES EMPLOYEE PENSION PLAN TRUST v. FOUR CORNERS PRODUCTIONS, INC.

293 A.D.2d 388 (2002)

741 N.Y.S.2d 35

MURRAY SCHWARTZ ENTERPRISES EMPLOYEE PENSION PLAN TRUST, Appellant, v. FOUR CORNERS PRODUCTIONS, INC., Respondent.

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

Decided April 25, 2002.

Plaintiff Trust's loan of $250,000 to Four Corners Productions, Inc., constituted a portion of the funds Four Corners in turn provided to the Roundabout Theater Company in the fall of 1998, to contribute to the cost of moving its production of "Cabaret" to Studio 54. The loan was made with the understanding that it would be repaid from a portion of the return Four Corners was to receive from Roundabout, derived from the operating profits and anticipated future profits. We...

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