Erhlich v. Diggs

169 F.Supp.2d 124 (E.D.N.Y. 2001)

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Nature of the Case

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Facts

P is a manager of musical groups and an attorney who is a resident of California and is admitted to practice law in New York. Diggs (D) is a rap artist known as RZA and Prince Rakim. D is a resident of New York and maintains an affiliation with a group known as the Gravediggaz. D is also a solo artist, and a producer and member of another rap group called Wu Tang Clan. In 1993, Gravediggaz entered into a written contract to retain P as their exclusive representative in negotiating a record contract. As a result of these efforts, a written contract with Gee Street Records was obtained. Gee Street also got an option for the recording services of D as a solo artist. In 1993, P was hired as the manager of the Gravediggaz under an oral contract. P claims that he was to receive 15% of all gross earnings of the Gravediggaz and each of its members for all entertainment-related employment, engagements or agreements. This arrangement was terminable by any of the parties at any time. P contends that the duties of a manager can be easily determined by industry practice and that it was standard industry practice that a manager of a musical group was entitled to commissions on entertainment-related work by each member of the group even if the work was by an individual member of the group. In 1996, D entered into a written contract with Gee Street as a solo artist. D argues that this contract is independent of the relationship with P. P contends that the options for individual recording services given to Gee comes directly from his negotiations with Gee over the Gravediggaz. P contends that the 1993 contract with Gee and the 1996 contract with D as a solo artist were inextricably linked. P sued seeking commissions based on D’s earnings from individual work, from ancillary work as a result of D’s work as a member of the Gravediggaz, a percentage of D’s earnings from production of two Gravediggaz albums and music videos, an accounting, and damages for substantial cost overruns and depressed album sales as a result of D’s late or cancelled appearances for Gravediggaz concerts, events, and recording and video sessions. D moves to dismiss because the enforcement of the oral agreement is barred by the Statute of frauds.