EDUARD TRAIN v. GENERAL ELECTRIC CAPITAL CORPORATION


8 A.D.3d 192 (2004)

779 N.Y.S.2d 467

EDUARD TRAIN et al., Appellants-Respondents, v. GENERAL ELECTRIC CAPITAL CORPORATION, Respondent-Appellant.

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

June 24, 2004.


The plain language of the contract pursuant to which plaintiffs assigned certain software rights to defendant demonstrates that variable compensation to plaintiffs of up to $1 million was not guaranteed. Plaintiffs, in connection with the transaction were, however, assured an up-front payment of $200,000 and consulting fees of at least $126,000. Moreover, the assignment notwithstanding, plaintiffs were permitted to exploit the subject software for any use except the financing...

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