MOSCATELLI v. NORDSTROM


40 A.D.2d 903 (1972)

Guiseppe Moscatelli, Appellant, v. Nils Nordstrom, Jr., Respondent

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

November 16, 1972


After engaging in the practice of plastic surgery with defendant for seven months without a written agreement, plaintiff terminated the association and sued for an accounting. Defendant counterclaimed for moneys due and owing. In order to be entitled to an accounting plaintiff had to prove a partnership, joint venture or fiduciary relationship (Bradkin v. Leverton, 26 N.Y.2d 192, 199; Kaminsky v. Kahn, 20...

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