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DARABONT v. AMC NETWORK ENTERTAINMENT LLC

Index No. 650251/18. Appeal Nos. 13565-13565A. Case No. 2020-02984.

193 A.D.3d 500 (2021)

141 N.Y.S.3d 856

2021 NY Slip Op 02240

Frank Darabont et al., Respondents, v. AMC Network Entertainment LLC et al., Appellants.

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

Decided April 13, 2021.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher LLP, New York ( Orin Snyder of counsel), for appellants.

Blank Rome LLP, New York ( Jerry D. Bernstein of counsel), for respondents.

Concur—Kapnick, J.P., Kern, Singh, Scarpulla, JJ.

Plaintiff Frank Darabont, represented by his agent, plaintiff Creative Arts Associates, entered into an agreement to develop and run the television series The Walking Dead in exchange for fixed payments for each episode of the series, as well as backend compensation contingent upon the show's profitability, as calculated based on "Modified Adjusted Gross Receipts" (MAGR), with defendant AMC Network Entertainment LLC producing the series and exhibiting it on its own...

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