In a June 20, 2011 decision in a case originating in the commercial division (Lowe, J.) and on remand from the First Department, Justice Saliann Scarpulla denied the motion for summary judgment by Dennis Coles, a/k/a “Ghostface Killah”, a member of the Wu-Tang Clan, which sought unpaid royalties and unpaid damages stemming from an earlier trial in which Coles successfully challenged the defendants’ respective 25% and 50% withholdings. The First Department modified that earlier decision, by finding that defendant Wu-Tang Productions could continue to receive its 25% deductions and remanded the case for a new calculation of damages. In the new complaint, Coles alleged that he had not received any damages from the first action, nor any royalties that were accounted after the first suit. The court denied the motion for summary judgment as premature because: (1) defendant Diggs had not answered the complaint and, therefore, issue had not been joined; and (2) the damages calculation ordered by the First Department on the remand had not yet been determined and therefore, it was not yet apparent that Wu-Tang Productions had any liability to Coles.
Coles v Wu-Tang Prods., Inc, Sup Ct New York County, June 20, 2011, Scarpulla, J, Index No. 602896/09