Facts

Plaintiff David Gross ("Gross") entered into an oral agreement with Defendant Shelley Zalis ("Zalis"), President of OTX. Gross and Zalis agreed that Gross would try to procure work from certain movie studios, in particular Twentieth Century Fox Film Corporation ("Fox"), and that he would be entitled to receive a 15 percent commission from OTX for any work he brought in and worked on.

According to Gross, Gross and OTX pitched, obtained, and serviced the Fox account together. At the time when the Fox account was ready to become a very lucrative account, Zalis contacted Fox and instructed Fox to no longer deal with Gross. Zalis excluded Gross from the Fox account so that OTX would not have to pay Gross the commissions to which he was entitled.

According to OTX, Gross and OTX pitched the Fox account and obtained three projects. Later, when OTC received the other projects that Gross neither procured nor worked on, Gross claimed a 15% commission as a finder.

PLAINTIFF'S CONTENTIONS:
Plaintiff Gross contended that OTX "froze him out" of the Fox account, constituting a breach of contract and a breach of the implied covenant of good faith and fair dealing.

DEFENDANTS' CONTENTIONS:
OTX contended that the oral agreement covered only projects that Gross brought in and worked on, that over a year elapsed between the three projects and the new Fox projects, and that Gross had severed relations with OTX after the first three projects.

Settlement Discussions

Cash and future services offered.

Result

$410,149.

Other Information

The defendant's post-trial motions were denied.

Deliberation

two hours

Poll

9-3 (liability), 11-1 (damages)

Length

nine days