Claims Based on Existence of Joint Venture or Partnership Dismissed for Failure Adequately to Allege Joint Venture/Partnership
Commercial Case Notes / Fiduciaries / Partnerships

Claims Based on Existence of Joint Venture or Partnership Dismissed for Failure Adequately to Allege Joint Venture/Partnership

On May 29, 2025, the First Department issued a decision in Kiehl v. Cavicchio, 2025 NY Slip Op. 03252, holding that claims arising from an alleged joint venture failed for lack of adequate allegation of the existence of the joint venture/partnership . . . Continue reading Claims Based on Existence of Joint Venture or Partnership Dismissed for Failure Adequately to Allege Joint Venture/Partnership

Claim Based on Alleged Joint Venture Agreement Fails for Lack of Allegations of Agreement to Share Losses
Commercial Case Notes / Partnerships

Claim Based on Alleged Joint Venture Agreement Fails for Lack of Allegations of Agreement to Share Losses

On April 10, 2024, the Second Department issued a decision in Kefalas v. Pappas, 2024 NY Slip Op. 01912, holding that a claim based on an alleged joint venture agreement failed for lack of allegations of an agreement to share losses . . . Continue reading Claim Based on Alleged Joint Venture Agreement Fails for Lack of Allegations of Agreement to Share Losses

Claim Based on Alleged Joint Venture Fails for Lack of Allegations Regarding Sharing Profits and Losses
Commercial Case Notes / Fiduciaries / Partnerships

Claim Based on Alleged Joint Venture Fails for Lack of Allegations Regarding Sharing Profits and Losses

On January 2, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Fine Creative Media, Inc. v. Barnes & Noble, Inc., 2024 NY Slip Op. 30050(U), dismissing a claim based on an alleged joint venture for lack of allegations regarding sharing profits and losses . . . Continue reading Claim Based on Alleged Joint Venture Fails for Lack of Allegations Regarding Sharing Profits and Losses

Joint Venture Allegations Survive Motion to Dismiss Despite Questions Regarding Terms Governing the Joint Venture
Commercial Case Notes / Contracts / Partnerships

Joint Venture Allegations Survive Motion to Dismiss Despite Questions Regarding Terms Governing the Joint Venture

On October 5, 2023, Justice Crane of the New York County Commercial Division issued a decision in Brabury v. Israel, 2023 NY Slip Op. 33551(U), holding that joint venture allegations survived a motion to dismiss despite questions regarding the terms of the joint venture agreement . . . Continue reading Joint Venture Allegations Survive Motion to Dismiss Despite Questions Regarding Terms Governing the Joint Venture

Claims Based on Existence of Oral Partnership Agreement Dismissed for Lack of Allegations of an Agreement to Share Losses
Commercial Case Notes / Partnerships

Claims Based on Existence of Oral Partnership Agreement Dismissed for Lack of Allegations of an Agreement to Share Losses

On July 12, 2023, Justice Reed of the New York County Commercial Division issued a decision in Kiehl v. Cavicchio, 2023 NY Slip Op. 50706(U), dismissing claims based on an alleged oral partnership agreement for lack of allegations of an agreement to share losses . . . Continue reading Claims Based on Existence of Oral Partnership Agreement Dismissed for Lack of Allegations of an Agreement to Share Losses

Claims Based on Alleged Oral Partnership Agreement Dismissed for Lack of Non-Conclusory Allegations of an Agreement to Share Losses
Commercial Case Notes / Partnerships

Claims Based on Alleged Oral Partnership Agreement Dismissed for Lack of Non-Conclusory Allegations of an Agreement to Share Losses

On December 1, 2022, the First Department issued a decision in Velez v. Mitchell, 2022 NY Slip Op. 06877, dismissing claims based on an alleged oral partnership agreement for lack of non-conclusory allegations of an agreement to share losses . . . Continue reading Claims Based on Alleged Oral Partnership Agreement Dismissed for Lack of Non-Conclusory Allegations of an Agreement to Share Losses

Individuals May Not Define Their Rights vis-a-vis Each Other as a Partnership While Holding Their Business Out to the Public as a Corporation
Commercial Case Notes / Corporations / Partnerships

Individuals May Not Define Their Rights vis-a-vis Each Other as a Partnership While Holding Their Business Out to the Public as a Corporation

On March 1, 2022, Justice Emerson of the Suffolk County Commercial Division issued a decision in Fritch v. Bron, 2022 NY Slip Op. 50165(U), explaining that individuals may not operate their business and define their rights vis-a-vis each other as partners while concurrently holding the business out to the general public as a corporation . . . Continue reading Individuals May Not Define Their Rights vis-a-vis Each Other as a Partnership While Holding Their Business Out to the Public as a Corporation