TEIJIN SHOJI (AM.), INC. v. U-NEEK, INC.


216 A.D.2d 178 (1995)

628 N.Y.S.2d 677

Teijin Shoji (America), Inc., Appellant, v. U-Neek, Inc., Respondent

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

June 27, 1995


In this action between joint venturers, the complaint was dismissed upon the ground that the relief sought, a declaratory judgment that the merchandise imported for the 1993 selling season was the sole property of plaintiff, was rendered academic by the sale of the merchandise pursuant to the interim order dated July 13, 1993. Accordingly, inasmuch as the IAS court did not dismiss the complaint upon the general rule that an action at law must await an accounting of the joint...

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