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'Unlicensed Agent' Defense Won't Stop Suit By Manager
The New York Supreme Court, New York County, denied a motion to dismiss a complaint by a personal manager who seeks unpaid commissions from artists he managed. Washington v. Escobar, 103027/09. The defendants Nuttin But Stringz tried to block the suit by insisting that manager James Washington had acted as an unlicensed “theatrical employment agency” in violation of N.Y. General Business Law (GBL) '172.
The successful Nuttin But Stringz duo of Damien and Tourie Escobar were discovered by Washington while the artists were performing in a New York City subway station. Washington signed them to a three-year management deal in 2006 that the Escobars terminated in 2008. Washington then filed suit for $1 million alleging, among other things, breach of contract and intend to defraud.
“Theatrical employment agency” is defined in GBL '171(8) as “any person … who procures or attempts to procure employment or engagements for circus, vaudeville, the variety field, the legitimate theater, motion pictures, radio, television, phonograph recordings, transcriptions, opera, concert, ballet, modeling or other entertainments or exhibitions or performances, but such term does not include the business of managing such entertainments, exhibitions or performances, or the artists or attractions constituting the same, where such business only incidentally involves the seeking of employment therefor.” (Emphasis added.)
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