Quimbee logo
DMCA.com Protection Status
From our private database of 16,300+ case briefs...

P.A. Properties, Inc. v. B.S. Moss’ Criterion Center Corp.

United States District Court for the Southern District of New York
2004 WL 2979984


In February 1988, Moss Venturers entered into a joint venture agreement with United Artists Theatre Circuit, Inc. (UA) to create Moss/United Artists Joint Venture (the Joint Venture). The purpose of the Joint Venture was to operate a number of movie theaters. Under the venture agreement, UA was the managing venturer and had “complete authority and responsibility” to operate the business and make day-to-day business decisions. The venture agreement, by its terms, was governed by New York partnership law. In September 1992, UA entered into a consulting agreement with P.A. Properties, Inc. (PAP) (plaintiff). In the consulting agreement, PAP agreed to analyze and investigate possible overcharges in the lease arrangement for Movieworld Douglaston, a theater operated by the Joint Venture. The consulting agreement did not mention the Joint Venture; UA entered into the agreement in its own name only. By entering the agreement, UA intended to benefit the Joint Venture by locating savings. UA filed for bankruptcy in 2000, having never paid PAP for its services. PAP filed a claim in bankruptcy against UA in the amount of $1,059,716, which was later negotiated down to $600,000. PAP ultimately received only $35,000 from UA. To recover the balance of its debt, PAP then sued B.S. Moss’ Criterion Center Corporation (defendant), the successor entity to Moss Venturers. Both parties moved for summary judgment.

Rule of Law


Holding and Reasoning (Swain, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 370,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,300 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial