DeSisto still hasn't paid composer
By Tony Dobrowolski
Berkshire Eagle Staff
PITTSFIELD -- The composer of the hit musical "Inappropriate" recently filed a lawsuit in Berkshire Superior Court against DeSisto School, formerly of Stockbridge, seeking the recovery of almost $350,000 in damages that an arbitrator ordered the school to pay him five months ago.
Michael Sottile of New York City and Vermont, who was hired by the school to write the music and lyrics for "Inappro-priate" six years ago, sued the school for breach of contract in July.
According to court papers, arbitrator Gloria Messenger on June 18 ordered the school and two of its entities, Butterfly Productions and XYZ Corp., to pay Sottile and his publishing company $341,566 in damages as financial compensation for numerous services related to the musical.
The damages include 9 percent interest, which began to accumulate 30 days after the judgment was rendered, and 12 percent statutory interest. Representatives of DeSisto did not attend the arbitration hearing, which took place May 27.
At least one hearing on Sottile's lawsuit has taken place in Superior Court since the legal action was filed. Attorney Judith C. Knight of Great Barrington, who represents Sottile, and the school's attorney, John R. Gobel of Pittsfield, both declined to comment, except to say that they were both hopeful that the matter could be resolved without further litigation.
Gobel also declined to comment on whether the lawsuit was holding up the sale of the school's property on Route 183 in Stockbridge. The well-known school for teenagers with at-risk behaviors closed in June following a long regulatory struggle with the state Office of Child Care Services. The school's 222-acre campus is scheduled to be sold in January to Grove School of Madison, Conn., another therapeutic residential school.
DeSisto School also has been sued in federal court by a Con-necticut woman in connection with her daughter's self-inflicted wounds, which are alleged to have occurred under staff supervision while she was attending the school last January. The woman is seeking a property attachment to se-cure any potential judgment against DeSisto.
A hearing on that lawsuit, which was filed in federal court in Bridgeport, Conn., is scheduled to take place Thursday.
According to papers filed in Superior Court, Sottile claims that DeSisto School "failed and continues to fail" to pay him for unpaid royalties; unpaid merchandising fees; unpaid fees as a musician, producer and vocalist; unpaid record company advances, and unreimbursed living expenses that Sottile incurred while living in Los Angeles while "Inappropriate" was being produced there.
The play is based on the life stories of DeSisto School graduates, taken from journals that the students must complete to graduate. Using music, dance, poetry and drama, it explores the emotional issues that the students have dealt with.
The play has been shown off-Broadway, in West Hollywood, Calif., and at different Berkshire venues. "Inappropriate" received favorable reviews in The New York Times, the New York Daily News, the Star-Ledger of Newark, N.J., and Theatre Reviews Limited.
Sottile is a performer, musical director and arranger for Broadway and off-Broadway stages as well as for European and national tours. A graduate of New York University with degrees in theater and music/music composition, he also has composed music for theater, television and film. He has collaborated on productions with the New York Public Theater, the Manhattan Theater Club and Lincoln Center, among others.