Donna Corbello v. Frankie Valli

Concurrence by JUDGE SACK.

in the judgment:

I agree that we must remand this case to the district court for further proceedings. I disagree, however, that the word “biographies” in the 1999 Agreement unambiguously includes the manuscript of the autobiography of DeVito ghost written by Corbello’s decedent Woodward for DeVito (“the Work”), completed some eight years earlier, and that the 1999 Agreement therefore transferred certain derivative rights in the Work to the counter-parties to the Agreement — Valli and Gaudio. First, I would conclude that the language is ambiguous under New York law and…