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Corporations Keyed to O’Kelley
P.A. Properties, Inc. v. B.S. Moss’ Criterion Center Corp.
Citation:
2004 WL 2979984 (2004)Facts
On February 1, 1988, UA entered into a joint venture agreement with the Moss Venturers. Defendant Moss is the successor in interest to the Moss Venturers under the JV Agreement. Moss and UA agreed to operate the joint venture under the working name “Moss/United Artists Joint Venture.” The stated purpose of the Joint Venture was to manage, operate, lease and deal with the movie theatres operated by the joint venturers. On September 15, 1992, UA and PAP entered into a written agreement whereby PAP would provide consulting and lease recovery services to discover possible overcharges on the Movieworld Douglaston lease. The only entities named as parties to the agreement were PAP and UA. The joint venture was not mentioned in the agreement. The agreement provided that PAP’s duties were to consist of the identification of overpayments by analyzing relevant records to identify opportunities for claiming lease charge recoveries. On December, 1998, PAP filed suit against UA for breach of contract. On September, 2000, UA filed a Chapter 11 bankruptcy petition. PAP then entered into an agreement with UA pursuant to which its claim was allowed in the amount of $600,000 in full satisfaction of the claims held by PAP against UA. PAP now seeks to hold Moss liable for the unpaid amount of its claim.
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Topic Resources
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