Somerville House Management, Ltd. v. American Television Syndication Co., Inc.

CourtNew York Supreme Court Appellate Division
Writing for the CourtBefore KUPFERMAN
Citation474 N.Y.S.2d 756,100 A.D.2d 821
Decision Date24 April 1984
PartiesSOMERVILLE HOUSE MANAGEMENT, LTD., Plaintiff-Appellant, v. AMERICAN TELEVISION SYNDICATION COMPANY, INC. et al., Defendants-Respondents.

Page 756

474 N.Y.S.2d 756
100 A.D.2d 821
SOMERVILLE HOUSE MANAGEMENT, LTD., Plaintiff-Appellant,
v.
AMERICAN TELEVISION SYNDICATION COMPANY, INC. et al.,
Defendants-Respondents.
Supreme Court, Appellate Division,
First Department.
April 24, 1984.

J.A. Vassallo, New York City, for plaintiff-appellant.

M.B. Golden, New York City, for defendants-respondents.

Before KUPFERMAN, J.P., and ROSS, ASCH, SILVERMAN and LYNCH, JJ.

MEMORANDUM DECISION.

Order of the Supreme Court, New York County, entered November 21, 1983, which denied plaintiff's motion for appointment of a temporary receiver, is unanimously reversed on the law and facts and the motion granted, with costs and disbursements payable to plaintiff. Order of the Supreme Court, New York County, entered December 6, 1983, which denied plaintiff's motion

Page 757

for partial summary judgment against defendant American Television Syndication Company, Inc., is affirmed, without costs.

Plaintiff Somerville House Management, Ltd. (Somerville) is a Canadian corporation which, inter alia, represents investors who provide financing for theatrical properties including television series. The corporate defendant American Television Syndication Company, Inc. (ATS) is a New York corporation which distributes television programs. The individual defendant O'Daly is the chief executive officer and controlling shareholder of ATS. Plaintiff executed an agreement [100 A.D.2d 822] with ATS and a third party, dated October 15, 1982.

The Agreement gave ATS the right to distribute 13 one-hour programs of the 1983 television series entitled "An Evening at the Improv". Plaintiff entered into the contract as the representative of persons who provided financing for the production of these programs. The Agreement gave plaintiff Somerville the right to receive all proceeds from the distribution of the programs by defendant ATS, except for certain specific costs and fees. All proceeds were to be segregated and maintained in a separate bank account and plaintiff was given a security interest in them. The Agreement also guaranteed that plaintiff would be paid at least $676,000 by September 30, 1983.

During March of 1983, plaintiff allegedly learned that defendant ATS was in breach by failing to establish separate trust accounts, commingling funds received with other accounts; and failing to inform various licensees to pay distribution fees to the trust account. Through a letter dated March 22, 1983, plaintiff's...

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7 practice notes
  • Dolgoff v. Projectavision, Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • January 23, 1997
    ...property (CPLR 6401), the appointment of a temporary receiver is warranted (see, Somerville House Mgt. v. American Tel. Syndication Co., 100 A.D.2d 821, 822, 474 N.Y.S.2d 756). We remand the matter to Supreme Court for the purposes of appointing a temporary receiver who will safeguard the i......
  • Gulf & Western Industries, Inc. v. Seaboard Sur. Co.
    • United States
    • New York Supreme Court Appellate Division
    • April 24, 1984
    ...was not. Shortly after the commencement of the underlying action plaintiff and defendant had agreed that except for a trademark [100 A.D.2d 821] infringement cause of action all coverage questions with respect to the complaint would be reserved for determination pending the outcome of the u......
  • Lefebvre v. Shea
    • United States
    • New York Supreme Court Appellate Division
    • February 9, 1995
    ...secure, and it appears that much of the estate has already been dissipated (see, Somerville House Mgt. v. American Tel. Syndication Co., 100 A.D.2d 821, 822, 474 N.Y.S.2d 756; Gimbel v. Reibman, 78 A.D.2d 897, 897-898, 433 N.Y.S.2d 217; cf., Wong v. Wong, 161 A.D.2d 710, 711, 555 N.Y.S.2d 8......
  • Beatty v. Williams, No. 1
    • United States
    • New York Supreme Court — Appellate Division
    • May 31, 1996
    ...448 N.Y.S.2d 680; see, Lefebvre v. Shea, 212 A.D.2d 884, 885, 622 N.Y.S.2d 151; Somerville House Mgt. v. American Tel. Syndication Co., 100 A.D.2d 821, 822, 474 N.Y.S.2d 756; cf., Serdaroglu v. Serdaroglu, 209 A.D.2d 606, 608, 622 N.Y.S.2d In light of the issues of fact regarding the owners......
  • Request a trial to view additional results
7 cases
  • Dolgoff v. Projectavision, Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • January 23, 1997
    ...property (CPLR 6401), the appointment of a temporary receiver is warranted (see, Somerville House Mgt. v. American Tel. Syndication Co., 100 A.D.2d 821, 822, 474 N.Y.S.2d 756). We remand the matter to Supreme Court for the purposes of appointing a temporary receiver who will safeguard the i......
  • Gulf & Western Industries, Inc. v. Seaboard Sur. Co.
    • United States
    • New York Supreme Court Appellate Division
    • April 24, 1984
    ...was not. Shortly after the commencement of the underlying action plaintiff and defendant had agreed that except for a trademark [100 A.D.2d 821] infringement cause of action all coverage questions with respect to the complaint would be reserved for determination pending the outcome of the u......
  • Lefebvre v. Shea
    • United States
    • New York Supreme Court Appellate Division
    • February 9, 1995
    ...secure, and it appears that much of the estate has already been dissipated (see, Somerville House Mgt. v. American Tel. Syndication Co., 100 A.D.2d 821, 822, 474 N.Y.S.2d 756; Gimbel v. Reibman, 78 A.D.2d 897, 897-898, 433 N.Y.S.2d 217; cf., Wong v. Wong, 161 A.D.2d 710, 711, 555 N.Y.S.2d 8......
  • Beatty v. Williams, No. 1
    • United States
    • New York Supreme Court — Appellate Division
    • May 31, 1996
    ...448 N.Y.S.2d 680; see, Lefebvre v. Shea, 212 A.D.2d 884, 885, 622 N.Y.S.2d 151; Somerville House Mgt. v. American Tel. Syndication Co., 100 A.D.2d 821, 822, 474 N.Y.S.2d 756; cf., Serdaroglu v. Serdaroglu, 209 A.D.2d 606, 608, 622 N.Y.S.2d In light of the issues of fact regarding the owners......
  • Request a trial to view additional results

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