Grosso v. Miramax Film Corp.
Plaintiff, Jeff Grosso, appeals from a summary judgment in favor of defendants, Miramax Film Corp. (Miramax), Spanky Pictures, Inc., David Levien, Brian Koppelman, and Joel Stillerman. Plaintiff alleges: he submitted a script, The Shell Game, to Gotham Entertainment Group (Gotham); Gotham passed his script on to Miramax pursuant to a first-look agreement between the two companies; and Miramax used the script in producing a movieRounders (Miramax Films 1998)but failed to compensate him for his ideas. Plaintiff seeks recovery pursuant to an alleged implied-in-fact contract. We find defendants met their burden of showing there was no implied in fact contract; further, plaintiff failed to raise a triable issue as to the existence of such an agreement. Accordingly, Court affirm the judgment.
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