Andrews v. Cerberus Partners

—Order, Supreme Court, New York County (Herman Cahn, J.), entered June 3, 1999, which, to the extent appealed from as limited by the brief, granted the motion of defendant-respondent Cerberus Partners to dismiss plaintiffs second, third and fourth causes of action as barred by the Statute of Frauds and for failure to state a cause of action, unanimously affirmed, without costs.

Plaintiff’s attempt to establish an oral agreement to enter into a joint venture must fail because of the absence of any allegation that the parties were to share losses (see, Matter of Steinbeck v Gerosa, 4 NY2d 302,…