Moscatelli v. Nordstrom

— Appeal from a judgment of the Supreme Court in favor of defendant, entered March 9, 1971 in Broome County, upon a decision of the court at a Trial Term without a jury. After engaging in the practice of plastic surgery with defendant for seven months without a written agreement, plaintiff terminated the association and sued for an accounting. Defendant counterclaimed for moneys due and owing. In order to be entitled to an accounting plaintiff had to prove a partnership, joint venture or fiduciary relationship (Bradkin v. Leverton, 26 N Y 2d 192, 199; Kaminsky v. Kahn, 20 N Y 2d 573, 582),…