New York Court of Appeals

Wainwright & Page, Inc., Appellant v. Burr & McAuley, Inc., Respondents

November 24, 1936272 N.Y. 130

Summary

The New York Court of Appeals held that the plaintiff's complaint, though seeking monetary damages, sufficiently alleged an equitable joint‑venture claim that obligates the defendants to account for commissions. Accordingly, the Court reversed the Appellate Division’s dismissal and affirmed the County Court’s judgment for the plaintiff.