MILAN MUSIC, INC. v. EMMEL COMMUNICATIONS BOOKING, INC.


37 A.D.3d 206 (2007)

829 N.Y.S.2d 485

MILAN MUSIC, INC., et al., Appellants, v. EMMEL COMMUNICATIONS BOOKING, INC., et al., Respondents.

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

Decided February 8, 2007.


The parties had contracted for a concert by the artist known as 50 Cent, but the performance was cancelled pursuant to an oral agreement. This cancellation was memorialized in two separate writings, and defendants promptly refunded to plaintiffs their $50,000 deposit for the event. Once an agreement has been rescinded, there can be no claims based on the cancelled agreement unless the right to make such claims is expressly or impliedly reserved within the terms of the rescission...

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