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STEPHEN PEVNER, INC. v. ENSLER

309 A.D.2d 722 (2003)

766 N.Y.S.2d 183

STEPHEN PEVNER, INC., Appellant, v. EVE ENSLER, Respondent.

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

Decided October 30, 2003.

We conclude that plaintiff's claimed status as literary agent of defendant for the exploitation of her work, "The Vagina Monologues," was that of one negotiating the purchase or sale of a business opportunity (see Freedman v Chemical Constr. Corp., 43 N.Y.2d 260, 266 [1977]), so that it fell within the scope of General Obligations Law § 5-701 (a) (10). Additionally, although the alleged agreement with defendant was terminable...

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