Judge Dismisses Rare Book Dealer's Lawsuit Against Eagles Co-Founder Don Henley Over "Hotel Californ

A New York judge has dismissed a malicious prosecution lawsuit filed by rare book dealer Glenn Horowitz against Eagles co-founder Don Henley and longtime band manager Irving Azoff.

Horowitz filed the lawsuit in February, seeking millions of dollars in damages after he and two others were indicted in 2022 for allegedly trying to sell handwritten lyrics to the Eagles' 1976 hit "Hotel California." The lyrics were valued at more than $1 million and had originated from journalist Ed Sanders, who said Henley gave them to him in the 1970s for a book project that was never published. Sanders later sold the papers to Horowitz, who then sold them to former Rock & Roll Hall of Fame curator Craig Inciardi and auctioneer Edward Kosinski.

Henley contacted authorities after seeing the lyrics listed for auction. Horowitz, Inciardi and Kosinski were charged with conspiring to possess and sell stolen property. All three pleaded not guilty.

Horowitz claimed in his lawsuit that Henley and Azoff had improperly influenced prosecutors to bring charges, even though the men maintained their innocence. The criminal case was dismissed during trial last year after Henley failed to produce evidence showing whether the lyrics were stolen.

In a recent decision, Justice Kathleen Waterman-Marshall of New York County Supreme Court dismissed Horowitz's civil claim, stating there was no finding that Henley or Azoff withheld information for an improper purpose.

"The earlier dismissal was based upon the inability of Mr. Horowitz's defense to be presented with certain information, but there's no finding that that information was withheld by Mr. Henley or any of the defendants for an improper purpose," Waterman-Marshall wrote in her ruling.

She further noted that prosecutors had ample probable cause to pursue the case and that a grand jury indicted Horowitz following an independent investigation.

Horowitz's attorney said he plans to appeal Waterman-Marshall's decision. Horowitz also has a pending malicious prosecution lawsuit against the city of New York.

Henley's attorney, Dan Petrocelli, told Billboard that "the only malicious prosecution was Horowitz's own lawsuit, which the court promptly and rightly dismissed."

Henley testified three times in February in Manhattan, stating he had previously bought back some of the lyrics in 2012 but declined to do so when more pages surfaced in 2014 and 2016.

Horowitz, Inciardi and Kosinski each faced one count of conspiracy in the fourth degree, which carries a maximum sentence of four years in prison. Horowitz also faced charges of first-degree attempted criminal possession of stolen property and two counts of hindering prosecution. Inciardi and Kosinski were each charged with first-degree criminal possession of stolen property.

The case remains under appeal.


via: https://www.audilous.com/roadhouse-rock/judge-dismisses-rare-book-dealers-lawsuit-against-eagles-co-founder-don-henley-over-hotel-california-lyrics/?utm_source=rss&utm_medium=rss&utm_campaign=judge-dismisses-rare-book-dealers-lawsuit-against-eagles-co-founder-don-henley-over-hotel-california-lyrics