Perlstein v. Kullberg Amato Picacone/ABP, Inc.

Plaintiff-appellant Perlstein was retained by defendants Kullberg Amato to produce certain VHS cassette tapes. Perl-stein duly produced 414 videocassette "proofs” which were shipped, pursuant to defendants’ instructions, to a Virginia distributor. The distributor was, in turn, to forward the videocassette tapes to certain hospitals which were clients of defendants.

Defendants failed to pay plaintiff’s $60,000 invoice; instead defendants requested plaintiff do additional work to that already performed and convert the "proofs” to a higher quality, suitable for network broadcasting. This…