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SPIRITS OF ST. LOUIS BASKETBALL CLUB, L.P. v. DENVER NUGGETS, INC.

3920, 600096/09.

84 A.D.3d 454 (2011)

922 N.Y.S.2d 349

SPIRITS OF ST. LOUIS BASKETBALL CLUB, L.P., Appellant, v. DENVER NUGGETS, INC., and its Successor, THE DENVER NUGGETS LIMITED PARTNERSHIP, Doing Business as DENVER NUGGETS, et al., Respondents.

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

Decided May 5, 2011.

Litigation involving the American Basketball Association (ABA), the National Basketball Association (NBA) and some of their teams has a history dating from the 1970s. The various parties in that era resolved their differences via two agreements: the "ABA Agreement" and the "NBA Agreement," both dated July 26, 1976.

By the terms of the ABA Agreement, certain teams that sought to leave the ABA and join the NBA (the teams) agreed to direct the NBA to pay plaintiff Spirits...

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