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LOMBARD Co., INC., Respondent, v. GERMAN DE LA ROCHE, Appellant, and ARTHUR B. CALCAGNINI, JR., Respondent.

Defendant cannot recover on a claim that he and the individual plaintiff entered into a joint venture to be set up and run through the corporate plaintiffs structure ( see Weisman v Awnair Corp. of Am., 3 NY2d 444 [individuals cannot carry on a joint venture through a corporate structure]). Although Weisman has been qualified so as not to preclude members of a preexisting joint venture from "acting as partners between themselves and as a corporation to the rest of the world" ( Matter of Hochberg v Manhattan Pediatric Dental Group, P.C., 41 AD3d 202, 204), here there was no preexisting joint venture that later spawned the creation of a corporation in which aspects of the joint venture could survive. Rather, the corporate plaintiff was formed long before the alleged joint venture was allegedly formed pursuant to an oral agreement of which the court discerned no proof. We have considered defendant's remaining arguments and find them unavailing.

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LOMBARD v. GERMAN
(Dec 20, 2007)