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

Summary

The New York Court of Appeals affirmed the dismissal of the complaint, holding that the plaintiffs failed to plead sufficient facts to support an equitable cause of action for an injunction and accounting. The court reasoned that a joint venture cannot be carried on through a corporate form, so no fiduciary relationship existed. A dissent argued that the complaint did state a cause of action and that individuals may jointly venture through a corporation.