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TODD ENGLISH ENTERS. LLC v. HUDSON HOME GROUP, LLC

Index No. 652373/18, Appeal No. 16208, Case No. 2022-00181.

206 A.D.3d 585 (2022)

171 N.Y.S.3d 474

2022 NY Slip Op 04143

Todd English Enterprises LLC, for Services of Todd English, Appellant, v. Hudson Home Group, LLC, Respondent.

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

Decided June 28, 2022.

Attorney(s) appearing for the Case

Pastore LLC, New York ( Leanne M. Shofi of counsel), for appellant.

Law Offices of Gilbert A. Lazarus, PLLC, New York ( Gilbert A. Lazarus of counsel), for respondent.

Concur—Gische, J.P., Kern, Mazzarelli, Singh, Rodriguez, JJ.

On April 29, 2014, plaintiff and defendant entered a licensing agreement with a term until the end of 2018. Defendant agreed to develop a line of cookware, inspired by celebrity chef Todd English, which plaintiff agreed to promote. Defendant guaranteed royalties to plaintiff during specified time periods. Section 12.10 required that any modification or waiver be in writing.

Section 5.2.2 of the agreement permitted defendant...

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