‘Rebecca’ Publicist Loses Round in Lawsuit Over Show’s Travails

The Broadway publicist who has been accused of scuttling the star-crossed musical “Rebecca” had several setbacks in State Supreme Court on Tuesday.

That publicist, Marc Thibodeau, who had been hired to help bring to Broadway the gothic musical based on the Daphne du Maurier novel, had sent foreboding emails under phony names to a potential investor and his lawyers, warning that the show’s producers had been tricked by a fraud scheme. Those emails prompted the investor to reverse his decision to put $2.25 million into the show, and led to a lawsuit against Mr. Thibodeau by the producers, Ben Sprecher and Louise Forlenza.

Justice Jeffrey K. Oing of State Supreme Court in Manhattan ruled on Tuesday that Mr. Thibodeau had breached his contract with the producers, meaning that a jury will determine the amount of damages the producers will receive. The judge also denied Mr. Thibodeau’s motions to dismiss claims for defamation and tortious interference, which will go to trial.

The tale of “Rebecca” revolves around a Long Island stockbroker turned swindler, Mark C. Hotton, who convinced the producers that he was arranging $4.5 million in funding from investors who turned out to be phantoms. Mr. Thibodeau said he sent the emails in question after he discovered that the stockbroker’s promised lead investor, a wealthy South African named Paul Abrams, didn’t exist.

“My actions were those of a classic whistle-blower, except that I wish I had had the courage to come forward with what I had discovered, and not hide behind anonymity,” Mr. Thibodeau said in a statement on Tuesday.

Mr. Hotton was sentenced in October to nearly three years in prison on two counts of wire fraud.

The producers of the show, which was to be capitalized at $12 million, are still trying to bring it to Broadway. “By no means have they given up hope on it,” Erik S. Groothuis, a lawyer for the producers, said.