The Court rejects this argument, as any inconsistency is due to the Appellate Division's November 1999 determination that the September 1996 agreement is legal per se. Furthermore, the September 1999 decision and order was premised upon the conclusion that the agreement was invalid. The Court notes that Quartey is not affected by the decision determining AB Stars' share of promotional revenues of the de la Hoya fight. As this Court previously concluded, the moving parties cannot now rely upon AB Stars' non-performance as a defense to summary judgment. Accordingly, because the non-licensing argument put forth by the moving parties is without merit, and as AB Stars is entitled to partial summary judgment, the motion to renew and reargue is denied.
Resettlement is proper to correct errors or omissions.
The amount of the fees to which AB Stars was entitled will depend on the calculation of proper expenses, a calculation deferred by this Court to a later time. Accordingly, the motion to resettle is granted to the extent of directing a hearing, pending which the undertaking will remain undisturbed. Main Events and Square Ring seek leave to amend their answer and cross-claims to offer additional specificity in support of the claims for breach of the implied covenant of good faith and fair dealing and breach of contract. Quartey requests leave to amend his complaint to indicate the legal and factual developments that have occurred in this case and to reflect that Asah will no longer be a plaintiff in this action. As for the request for the setting of a preliminary trial date and establishing a discovery schedule, these issues will be addressed at the next compliance conference.