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GERWIN v. RANDELL

204 A.D.2d 141 (1994)

611 N.Y.S.2d 552

Arthur Gerwin, Appellant, v. Robert J. Randell et al., Respondents

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

May 12, 1994

As there was no evidence of, inter alia, "`a mutual promise or undertaking of the parties to share in the profits of the business and submit to the burden of making good the losses,'" a joint venture did not exist between the parties (Chipman v Steinberg, 106 A.D.2d 343, 344, affd 65 N.Y.2d 842).

While, unlike our concurring colleague, we find the plaintiff's complaint...

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