EISENBERG v. WEISBECKER

Index Nos. 159690/18, 652247/16. Appeal No. 12918-12919. Case Nos. 2020-02979, 2020-02958.

190 A.D.3d 549 (2021)

136 N.Y.S.3d 714

2021 NY Slip Op 00252

Michael Eisenberg, Appellant, v. Miriam Weisbecker, Respondent. Michael Eisenberg, Appellant, v. Gerard Rem, Respondent.

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

Decided January 19, 2021.


Attorney(s) appearing for the Case

Law Office of Daniel M. Kolko, White Plains ( Daniel M. Kolko of counsel), for appellant.

D'Agostino, Levine, Landesman, Lederman, Rivera & Sampson LLP, New York ( Bruce H. Lederman of counsel), for respondent.

Concur—Gische, J.P., Oing, Moulton, Mendez, JJ.


Order, same court (Melissa A. Crane, J.), entered June 17, 2020, which granted defendant Miriam Weisbecker's motion pursuant to CPLR 3211(a) to dismiss the complaint alleging aiding and abetting breach of fiduciary duty and tortious interference with contract, unanimously affirmed, without costs.

The motion court correctly determined that plaintiff's agreement with defendant Rem did not constitute a joint venture because it lacked a provision for the sharing of losses...

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