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Darabont v. AMC Network Entertainment LLC

Court Cannot Rule Whether Affiliate Transaction Provision Applies to Imputed License Fee

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  In this action to recover damages for, among other things, breach of contract, plaintiffs move, pursuant to CPLR 3212, for partial summary judgment on their cause of action for declaratory relief (Motion Sequence No. 012). Defendants oppose the motion and move, pursuant to CPLR 3212, for summary judgment dismissing the complaint (Motion Sequence No. 013). For the reasons set forth below, plaintiffs’ motion is denied. Defendants’ motion is granted in part and denied in part.I. BACKGROUNDPlaintiff Frank Darabont is the creator and a former executive producer of the highly successful cable television series The Walking Dead (the Series), which is based upon a graphic novel series of the same title written by Robert Kirkman. See Defendants’ Rule 19-A Statement at

1-2; see also Second Amen. Comp.2. Plaintiffs Darkwoods Productions, Inc. and Ferenc, Inc. are “loan-out” companies through which Darabont provided services in connection with the Series. See Defendants’ Rule 19-A Statement at7; see also Second Amen. Comp.

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