DAVELLA v. NIELSEN


208 A.D.2d 494 (1994)

616 N.Y.S.2d 800

Mark S. Davella, Individually and Doing Business as Interboro Network Communications, Appellant, v. Howard Nielsen, Individually and as Owner of Pole Line Construction Corp., et al., Respondents, et al., Defendants

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

October 3, 1994


Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contentions, the Supreme Court correctly determined that the plaintiff had failed to raise a triable issue of fact with respect to his claim that he and the defendant Howard Nielsen had entered into a joint venture agreement to perform certain cable television installation work that Nielsen's company, Pole Line Construction Corp., was performing without him. An indispensable element of a joint...

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