Mendelovitz v. Cohen

In Mendelovitz v. Cohen, 66 A.D.3d 849, 850, 886 N.Y.S.2d 608 (2d Dept. 2009), the Second Department affirmed the trial court's denial of defendants' motion for summary judgment. In so holding, the Second Department concluded that the trial court properly decided that, accepting the plaintiff's version of the nature and terms of the transaction between the parties, the plaintiff might be able to establish at trial the essential elements of a joint venture by showing: an agreement manifesting the parties' intent to be associated as joint venturers; a contribution by the joint venturers to the undertaking; some degree of joint proprietorship and control over the enterprise; an understanding with regard to the sharing of profits and losses. Id.