LOMBARD & CO., INC. v. LA ROCHE


46 A.D.3d 393 (2007)

848 N.Y.S.2d 92

LOMBARD & CO., INC., Respondent, v. GERMAN DE LA ROCHE, Appellant, and ARTHUR B. CALCAGNINI, JR., Respondent.

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

Decided December 20, 2007.


Defendant cannot recover on a claim that he and the individual plaintiff entered into a joint venture to be set up and run through the corporate plaintiff's structure (see Weisman v Awnair Corp. of Am., 3 N.Y.2d 444 [1957] [individuals cannot carry on a joint venture through a corporate structure]). Although Weisman has been qualified so as not to preclude members of a preexisting...

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