In order to properly plead the agreement, a plaintiff must allege acts manifesting the parties' intent to be associated as joint venturers; mutual contribution to the joint undertaking through a combination of property, financial resources, effort, skill or knowledge; a measure of joint proprietorship and control over the enterprise; and a provision for the sharing of profits and losses. Under both common law and statutory law, a contract of joint venture or partnership must include a mutual promise to share in the profits of the business and submit to the burden of making good the losses.
Slabakis v. Schik, NY Slip Op 05962 (1st Dep't August 30, 2018)
Here is the decision.
