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NAB CONSTRUCTION CORP. v. N.Y.C. PAPER MILL

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
265 A.D.2d 312 (N.Y. App. Div. 1999)

Opinion

Submitted June 16, 1999

October 4, 1999

In an action for an accounting and to recover damages, inter alia, for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Golia, J.).


ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the respondent's motion to dismiss the cause of action for an accounting insofar as asserted against it for failure to state a cause of action. The plaintiff failed to allege, inter alia, that it made a demand on the respondent for an accounting, that the respondent was in possession of the books, records, profits, or other assets of the alleged joint venture, and that it failed or refused to provide such an accounting (see, Conroy v. Cadillac Fairview Shopping Center Props., 143 A.D.2d 726; Arrants v. Dell Angelo, 73 A.D.2d 633).

The appellant's remaining contention is without merit.

O'BRIEN, J.P., RITTER, JOY, ALTMAN, and SMITH, JJ., concur.


Summaries of

NAB CONSTRUCTION CORP. v. N.Y.C. PAPER MILL

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
265 A.D.2d 312 (N.Y. App. Div. 1999)
Case details for

NAB CONSTRUCTION CORP. v. N.Y.C. PAPER MILL

Case Details

Full title:NAB CONSTRUCTION CORPORATION, appellant, v. NEW YORK CITY PAPER MILL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 4, 1999

Citations

265 A.D.2d 312 (N.Y. App. Div. 1999)
696 N.Y.S.2d 224

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