In Rinaldi v. Casale, 13 AD3d 603, 605, 787 N.Y.S.2d 137 [2d Dept 2004], the parties entered into an oral agreement to purchase and develop real estate together.
The plaintiff located property, which the defendant purchased. The plaintiff retained an engineer to develop the property and, jointly with defendant, filed a subdivision plan.
The plaintiff and the defendant formed a corporation with the intent of transferring the property to it. Before this could happen, the defendant died and his executrix took ownership of the property.
The court denied the motion to dismiss the complaint because the plaintiff had adequately alleged the existence of a partnership or joint venture to buy the property and the parties' intent that their corporation should hold the property.