FINKELSTEIN v. WARNER MUSIC GROUP INC.


32 A.D.3d 344 (2006)

820 N.Y.S.2d 264

MARK FINKELSTEIN et al., Respondents-Appellants, v. WARNER MUSIC GROUP INC. et al., Appellants-Respondents.

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

August 24, 2006.


The corporate plaintiff was described by its principal, plaintiff Finkelstein, and other employees, as a "sophisticated" and "successful player" in the dance music industry when it came to licensing, and "well experienced in licensing material for these types of compilations." In the year prior to entering into the joint venture with defendants, it derived approximately one half to two thirds of its revenue from advances and royalties paid in connection with the licenses...

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