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GOTTWALD v. SEBERT

653118/14. Appeal No. 12716-12716A. Case Nos. 2020-01908, 2020-01910.

193 A.D.3d 573 (2021)

148 N.Y.S.3d 37

2021 NY Slip Op 02456

Lukasz Gottwald, Professionally Known as Dr. Luke, et al., Respondents/Counterclaim Defendants-Respondents, v. Kesha Rose Sebert, Professionally Known as Kesha, Appellant/Counterclaim Plaintiff-Appellant, et al., Defendants.

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

Decided April 22, 2021.

Attorney(s) appearing for the Case

O'Melveny & Myers LLP, New York, ( Anton Metlitsky , Leah Godesky , Yaira Dubin and Daniel M. Petrocelli and James M. Pearl of the bar of the State of California, admitted pro hac vice, of counsel), for appellant.

Mitchell Silberberg & Knupp LLP, New York ( Jeffrey M. Movit and Christine Lepera and David A. Steinberg of the bar of the State of California, admitted pro hac vice, of counsel), for respondents.

Carter Ledyard & Milburn LLP, New York ( Alan S. Lewis and John J. Walsh of counsel), for Samuel D. Isaly, amicus curiae.

Holwell Shuster & Goldberg LLP, New York ( Eileen Monaghan DeLucia , Brian T. Goldman and Prishika Raj and Eugene Volokh of the bar of the State of California, admitted pro hac vice of counsel), for The reporters committee for Freedom of the Press and 16 Media Organizations, amici curiae.

Concur—Acosta, P.J., Kennedy, Mendez, JJ.

The third amended complaint alleges that in 2005, plaintiff Gottwald, an established music producer at the time—known for his music, business acumen and the artists he represents— expressed interest in working with Kesha who was then unknown. Kesha agreed to work with Gottwald, and in September 2005, she entered into an exclusive recording agreement with Gottwald's music production company KMI. The KMI agreement obligated Kesha to provide exclusive recording...

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