CPLR R. 3025 Amended and supplemental pleadings
Coles v Wu-Tang Prods., Inc., 2011 NY Slip Op 00789 (App. Div., 1st 2011)
The record supports the trial court's determination that plaintiff, as a lyricist of the compositions, and defendant Diggs, as a producer of the music, regarded themselves as joint authors sharing equally in the ownership of a joint work (see Childress v Taylor, 945 F2d 500, 508 [2d Cir 1991]). The court properly granted plaintiff leave to conform the complaint to the evidence presented at trial by adding a claim against Diggs for his unauthorized receipt of a 50% producer's fee (see CPLR 3025[c]; Gonfiantini v Zino, 184 AD2d 368, 369-370 ).
The bold is mine