LESTER v. RUBINSTEIN


3 A.D.2d 902 (1957)

Emanuel Lester, as Assignee, Appellant, v. Stella Rubinstein et al., as Executors of Serge Rubinstein, Deceased, Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 21, 1957


Order unanimously modified to the extent of permitting plaintiff to replead and, as so modified, affirmed, with $20 costs and disbursements to the respondents.

The complaint is insufficient to allege the terms of the joint venture or to connect the purchase of the property or the later action of Rubinstein with the joint venture. For example: It is not clear whether plaintiff's assignor did in fact invest his time, skill and money in the alleged joint venture and...

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