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Film Production Deal Ruled Separate from Marital Agreement

By Noeleen G. Walder
December 28, 2010

Billionaire Ronald Perelman has to pay $4.3 million to a film company he formed with his ex-wife, Ellen Barkin, despite Perelman's claim that the actress' breach of the couple's separation agreement relieved him of his financial obligations to the company, the New York Appellate Division, First Department ruled. Applehead Pictures LLC v. Perelman, 3193.

In its unanimous ruling, the appellate division rejected Perelman's argument that Barkin's alleged violation of a provision in the couple's separation agreement concerning a “Get,” or Jewish divorce, relieved him of his obligations to invest in Applehead Pictures LLC. “The record makes clear that the amended operating agreement [of Applehead] and the separation agreement were not intended to be interdependent,” Justice Eugene L. Nardelli wrote for the court.

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