On October 7, 2025, the First Department issued a decision in Fine Creative Media, Inc. v. Barnes & Noble, Inc., 2025 NY Slip Op. 05458, holding that there is no joint venture absent an agreement to share profits and losses . . . Continue reading No Joint Venture Where There is no Agreement to Share Profits and Losses
On July 2, 2025, Justice Platkin of the Albany County Commercial Division issued a decision in Marini v. Marini Realty LP, 2025 NY Slip Op. 51138(U), holding that an assignment of a limited partnership interest did not result in the admission of a new limited partner . . . Continue reading Assignment of LLP Interest Does Not Create New Limited Partner
On June 4, 2025, the Second Department issued a decision in IPA Asset Mgt., LLC v. Schuman, 2025 NY Slip Op. 03314, dismissing claims based on the existence of a joint venture for lack of allegations of an agreement to share both profits and losses . . . Continue reading Allegations Regarding the Existence of a Joint Venture Fail for Lack of Agreement to Share Both Profits and Losses
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
On August 1, 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. 32708(U), holding that joint venture allegations failed for lack of an agreement to share losses . . . Continue reading Joint Venture Allegations Fail for Lack of Allegations of an Agreement to Share Losses
On July 9, 2024, Justice Chan of the New York County Commercial Division issued a decision in Jefferies Leveraged Credit Prods., LLC v. Invictus Global Mgt., LLC, 2024 NY Slip Op. 32620(U), holding that a general partner can be sued based on the general partnership’s contracts . . . Continue reading General Partner Can Be Sued Based on the General Partnership’s Contracts
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
On February 2, 2024, the Fourth Department issued a decision in Capizzi v. Brown Chiari LLP, 2024 NY Slip Op. 00535, holding that an oral partnership agreement trumps the default rules of the Partnership Law . . . Continue reading Oral Agreement Can Trump Partnership Law
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
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
