Coogi Partners LLC v. Soho Fashion, Ltd.

Order, Supreme Court, New York County (Melvin L. *427Schweitzer, J.), entered August 14, 2012, which denied plaintiffs motion for summary judgment, unanimously affirmed, without costs.

Plaintiff established the existence of an implied-in-fact contract by submitting the 2011 sales reports generated by defendant, which indicated that royalties and advertising fees were payable at the same rates as set forth in the parties’ expired licensing agreement. In opposition, defendant submitted an affidavit by its president, who stated that defendant’s nonpayment of royalties at the quarterly intervals set…