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DE VITO v. POKOIK

150 A.D.2d 331 (1989)

Michael De Vito, Respondent, v. Lee Pokoik, Appellant

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

May 1, 1989

Ordered that the judgment is reversed on the law and the facts, with costs, and the complaint is dismissed.

The defendant initially contends that the court erroneously found that a joint venture existed between the parties in connection with the Alternative Plumbing and Gas Company. We agree.

The plaintiff had the burden of proving the existence of a joint venture (Moscatelli v Nordstrom, 40 A.D.2d 903). This burden...

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