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MUSIC TO WHOSE EARS?

j0438700.jpgTazewell Delaney and John Weston were supposed to be partners in a business related to music sales, but Weston allegedly stole the idea and started a competing company.

After Delaney filed suit which alleged breach of a joint venture agreement, misappropriation of ideas, and, unjust enrichment, Weston asked the New York County Supreme Court to dismiss the case. When that request was granted, an appeal to the Appellate Division, First Department, followed.

Because Delaney's idea wasn't original, and the parties' agreement lacked language which would have made their contract enforceable, the AD1 thought dismissal was appropriate. (It also couldn't find any "unjust enrichment," since Weston's company suffered net losses of approximately $1MM in its four years of existence.)

Sour notes all around.

j0284094.gifTo view a copy of the Appellate Division's decision, please use this link: Delaney v. Weston

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