BERECK v. MEYER

Summary judgment was properly granted in the absence of evidence that plaintiff, who seeks to establish a partnership interest in an enterprise that was in form a corporation, contributed to the capital of this alleged partnership, was to share in its losses, or exercised joint control over its day-to-day operations ( see, Greenberg v Ladicorbic, 200 A.D.2d 465, lv denied 83 N.Y.2d 757; Blaustein v Lazar Borck Mensch, 161 A.D.2d 507, 508). However, issues of fact were raised as to whether there was an agreement to compensate plaintiff, through a percentage of the profits or otherwise, for his efforts in establishing the enterprise. Accordingly, we grant plaintiff leave to amend his complaint to state a cause of action for breach of contract ( see, Ramirez v Goldberg, 82 A.D.2d 850).

Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Asch, JJ.