Opinion
May 4, 1992
Appeal from the Supreme Court, Kings County (Shaw, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendants argue, among other things, that testimony given by the plaintiff during the course of his deposition establishes conclusively that the parties never reached an agreement concerning the essential elements of a valid joint venture. We find that, considered together with the papers submitted in opposition to the defendants' motion, the plaintiff's testimony is sufficient to demonstrate the existence of triable issues of fact in this respect (see, Ackerman v. Landes, 112 A.D.2d 1081). We have examined the defendant's remaining contentions and find them to be without merit. Mangano, P.J., Thompson, Bracken and Pizzuto, JJ., concur.