New York Court of Appeals

Norman J. Weisman, Appellants v. Awnair Corporation of America, Respondents

July 3, 19573 N.Y.2d 444

Summary

The Court of Appeals affirmed the dismissal of the complaint, holding that the plaintiffs failed to plead sufficient facts to establish an equitable cause of action for an injunction and accounting because the alleged joint venture was improperly structured through a corporation, creating no fiduciary relationship, and because the agreement lacked a fixed term. Justice Desmond dissented, arguing that the complaint did state a viable claim and that the joint venture could be enforced.