TUFAMERICA, INC. v. UNIVERSAL MUSIC GROUP, INC.

651331/19. M-8460.

185 A.D.3d 490 (2020)

125 N.Y.S.3d 690

2020 NY Slip Op 03991

Tufamerica, Inc., Respondent, v. Universal Music Group, Inc., Appellant.

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

Decided July 16, 2020.


Plaintiff's causes of action for a declaratory judgment, anticipatory breach of the "express terms" of the agreement, breach of the covenant of good faith and fair dealing, unjust enrichment and unfair competition fail to state claims on the ground that the unambiguous agreement does not give plaintiff a 50% interest in the copyright to the master recording. Any argument that there could have been a modification of the agreement by the parties' subsequent conduct after the...

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