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EINS v. ZIMMER

13 A.D.3d 169 (2004)

787 N.Y.S.2d 224

STEFAN EINS, Respondent, v. MICHAEL ZIMMER, Appellant.

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

December 14, 2004.

The motion was properly denied on the ground that even if the alleged oral joint venture agreement is unenforceable for lack of material terms, plaintiff's additional allegations, given the benefit of every possible favorable inference (see DeMicco Bros. v Consolidated Edison Co., 8 A.D.3d 99, 99-100 [2004]), suffice to show that the parties entered into an oral settlement agreement with respect to the alleged joint venture. It does...

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