32 Cited authorities

Richbell Information Services, Inc. v. Jupiter Partners, L.P.
309 A.D.2d 288 (N.Y. App. Div. 2003) Cited 474 times 8 Legal Analyses
Holding that plaintiff's action for conversion, "while satisfying the technical elements of that tort, was properly dismissed as duplicative of the insufficient contract claims"
Scholastic, Inc. v. Harris
259 F.3d 73 (2d Cir. 2001) Cited 145 times
Recognizing a joint venture to form a new production company to be financed by Scholastic and managed by Harris, a television and movie executive
Rooney v. Tyson
91 N.Y.2d 685 (N.Y. 1998) Cited 87 times
Holding "absent an agreement establishing a fixed duration, an employment relationship is presumed to be a hiring at will, terminable at any time by either party."
Fischer v. Fischer
197 S.W.3d 98 (Ky. 2006) Cited 65 times
Concluding that a partnership to buy, lease, and sell a designated tract of land was an agreement for a particular undertaking even though the parties had not agreed upon an exact date for accomplishment of the undertaking
Matter of Steinbeck v. Gerosa
4 N.Y.2d 302 (N.Y. 1958) Cited 214 times
Holding that, although sharing profits is an element of a joint venture, "[a]n agreement to distribute the proceeds of an enterprise upon a percentage basis does not give rise to a joint venture if the enterprise does not represent a joinder of property, skills and risks"
Haines v. City of New York
41 N.Y.2d 769 (N.Y. 1977) Cited 92 times 1 Legal Analyses
Holding that "reasonable time" for performance of 1924 agreement in which city agreed to construct and maintain sewer system for village and town to prevent sewage from entering city's water supply was until city no longer needed or used the water supply
Rhue v. Dawson
173 Ariz. 220 (Ariz. Ct. App. 1992) Cited 46 times
Holding that plaintiff could recover both treble damages under state racketeering statute and punitive damages under fraud and breach of fiduciary duty claims because the statute provided that actions brought under it are "remedial and not punitive" and that civil remedies provided under it are "supplemental and not mutually exclusive"
Capital Bank v. Fischer
47 A.D.3d 667 (N.Y. App. Div. 2008) Cited 21 times 1 Legal Analyses
No. 2006-10128, 2007-03066. January 15, 2008. In an action to recover damages for legal malpractice, the defendants, Fischer Yanowitz and Jeffrey B. Yanowitz, appeal from (1) an order of the Supreme Court, Kings County (Schmidt, J.), dated September 8, 2006, which denied the cross motion of the defendant Jeffrey B. Yanowitz for summary judgment dismissing the complaint insofar as asserted against him, and (2) an order of the same court also dated September 8, 2006, which granted the plaintiffs motion
Mendelovitz v. Cohen
66 A.D.3d 849 (N.Y. App. Div. 2009) Cited 12 times
In Mendelovitz v. Cohen, 66 A.D.3d 849 (2d Dept. 2009), the Second Department affirmed the trial court's denial of defendants' motion for summary judgment.
F K Supply v. Willowbrook Dev. Co.
304 A.D.2d 918 (N.Y. App. Div. 2003) Cited 17 times
Conducting a trial before determining that the evidence did not support a finding of acknowledgment

Geoffrey Gelman, Respondent,v.Antonio Buehler, Appellant.

32 Cited authorities

Holding that plaintiff's action for conversion, "while satisfying the technical elements of that tort, was properly dismissed as duplicative of the insufficient contract claims"

Recognizing a joint venture to form a new production company to be financed by Scholastic and managed by Harris, a television and movie executive

Holding "absent an agreement establishing a fixed duration, an employment relationship is presumed to be a hiring at will, terminable at any time by either party."

Concluding that a partnership to buy, lease, and sell a designated tract of land was an agreement for a particular undertaking even though the parties had not agreed upon an exact date for accomplishment of the undertaking

Holding that, although sharing profits is an element of a joint venture, "[a]n agreement to distribute the proceeds of an enterprise upon a percentage basis does not give rise to a joint venture if the enterprise does not represent a joinder of property, skills and risks"

Holding that "reasonable time" for performance of 1924 agreement in which city agreed to construct and maintain sewer system for village and town to prevent sewage from entering city's water supply was until city no longer needed or used the water supply

In Mendelovitz v. Cohen, 66 A.D.3d 849 (2d Dept. 2009), the Second Department affirmed the trial court's denial of defendants' motion for summary judgment.

Conducting a trial before determining that the evidence did not support a finding of acknowledgment