PAYNE v. ELLISON

2965, 602283/07, 2965A.

79 A.D.3d 585 (2010)

914 N.Y.S.2d 123

CHRISETTE MICHELE PAYNE, Appellant, v. DOUGLAS ELLISON et al., Respondents. THE SONGWRITER'S GUILD OF AMERICA, Amicus Curiae.

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

Decided December 21, 2010.


The contracts upon which defendants relied in moving to dismiss the first cause of action, which alleges that defendants breached the parties' management agreement by taking more than 20% of a $125,000 advance plaintiff received from her music composition licensor, do not conclusively establish, as a matter of law, a defense to the asserted claims, i.e., that defendants were entitled to 50% of the advance (see Leon v Martinez, 84 N.Y.2d 83

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