HIMOFF INDUS. CORP. v. SRYBNIK


25 A.D.2d 520 (1966)

Himoff Industries Corp., Respondent, v. Simon Srybnik, Doing Business as S & S Machinery Company, Appellant

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

February 24, 1966


Judgment, unanimously modified, on the law and the facts, to delete the second decretal paragraph providing for a severance of a portion of the second cause of action, and to delete the sixth to the eleventh decretal paragraphs inclusive, providing for an accounting by the defendant; and judgment otherwise affirmed, without costs or disbursements to either party.

The plaintiff does not allege and the evidence does not establish the existence of a joint venture with...

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