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NAB CONSTRUCTION CORPORATION v. NEW YORK CITY PAPER MILL, INC.

265 A.D.2d 312 (1999)

696 N.Y.S.2d 224

NAB CONSTRUCTION CORPORATION, Appellant, v. NEW YORK CITY PAPER MILL, INC., et al., Defendants, and VALMET OY, Respondent.

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

Decided October 4, 1999.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the respondent's motion to dismiss the cause of action for an accounting insofar as asserted against it for failure to state a cause of action. The plaintiff failed to allege, inter alia, that it made a demand on the respondent for an accounting, that the respondent was in possession of the books, records, profits, or other assets of the alleged joint venture, and that it failed...

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