(Download) "Guiseppe Moscatelli v. Nils Nordstrom" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Guiseppe Moscatelli v. Nils Nordstrom
- Author : Supreme Court of New York
- Release Date : January 16, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
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), and he did not sustain this burden. Only an employer-employee relationship was shown. Plaintiff was to receive 50% of the monthly net income of their joint efforts with a guaranteed minimum to plaintiff of $1,500 per month. From these payments defendant deducted Federal and State income taxes and social security contributions. Receipt of a share of the profits, while creating an inference of a partnership (Partnership Law, ร§ 11), was overcome by the other elements of the relationship (36 N. Y. Jur., Master and Servant, ร§ 2). The proof also sustained the allowance of the counterclaim (representing fees paid directly to plaintiff after departure) in view of the actions of the parties during the employment. Plaintiff was paid 50% of the net cash receipts for the seven-month period, a method of accounting which was obviously part of the agreement, as well as practice.