Travis v. Fallani

Order, Supreme Court, New York *243County (Emily Goodman, J.), entered May 17, 2000, which, after a nonjury trial, granted judgment in favor of plaintiff in the sum of $102,590.75, representing guaranteed minimum royalty payments of $32,000 and unpaid royalties of $70,590.75, plus interest from January 1, 1995, unanimously modified, on the law, to the extent of vacating the award of $32,000, and otherwise affirmed, without costs.

The facts of this case, as found by the trial court', are as follows. In 1965, plaintiff entered into an agreement with Fallani & Cohn, Inc. (Old Fallani), predecessor in…