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ROBERTS v. RODGERS & HAMMERSTEIN HOLDINGS LLC

Index No. 650698/21. Appeal No. 15859N. Case No. 2021-03250.

208 A.D.3d 409 (2022)

172 N.Y.S.3d 682

2022 NY Slip Op 04885

Chapman Roberts, Appellant, v. Rodgers & Hammerstein Holdings LLC et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided August 9, 2022.

Attorney(s) appearing for the Case

Leichtman Law PLLC, New York (David Leichtman of counsel), for appellant.

Ivan A. Saperstein P.C., New York (Ivan A. Saperstein of counsel), and Law Offices of Robert S. Besser, Santa Monica, CA (Robert S. Besser, of the bar of the State of California, admitted pro hac vice, of counsel), for Rodgers & Hammerstein Holdings LLC, The Rodgers & Hammerstein Organization, Concord Theatricals Corp. and Broadway Asia Company, L.L.C., respondents.

Rosenberg, Giger & Perala P.C., New York (Matthew H. Giger of counsel), for Mike Stoller, The Estate of Jerome Leiber and Leiber Stoller Productions, Inc., respondents.

Concur—Renwick, J.P., Kapnick, Friedman, Rodriguez, Pitt, JJ.

Plaintiff created the original vocal arrangements for the 1994 Broadway show Smokey Joe's Café as an independent contractor pursuant to a 1994 agreement with nonparty L&S Broadway Company (the Broadway Producers), as amended in 1996 (the Vocal Arranger Agreement). That agreement entitles plaintiff to ongoing compensation for certain productions of the show. As relevant here, the agreement contains a clause requiring the arbitration of all disputes related to the...

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