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DELANEY v. WESTON

1195, 1195A, 604249/05.

66 A.D.3d 519 (2009)

888 N.Y.S.2d 466

2009 NY Slip Op 7348

TAZEWELL DELANEY et al., Appellants, v. JOHN WESTON et al., Respondents.

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

Decided October 15, 2009.

The pleadings and certain documents specifically referenced therein as tending to memorialize an alleged oral joint venture agreement, actually establish, as a matter of law, that the parties failed to agree upon the division of the parties' equity interests in the joint venture, leaving such term fatally indefinite and rendering the agreement unenforceable (see e.g. Schnur v Marin, 285 A.D.2d 639

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