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October 25, 2024
Motion To Dismiss Quantum Meruit And Unjust Enrichment Claims Denied As To Corporation, Granted As To Its Principal
On August 23, 2024, Justice Nancy M. Bannon granted in part and denied in part a borrower’s motion to dismiss claims by a real estate capital advisory firm seeking compensation for its work in negotiating the restricting of a loan. The case is Lotus Capital Partners, LLC v.. SB Yen's Management Group, Inc., Index No. 652299/2023. Read More
November 14, 2023
No Reverse Veil Piercing When Plaintiff Fails to Show Injury Caused To It
On October 24, 2023, Justice Andrea Masley of the New York County Commercial Division issued a decision in Citibank, N.A. v. East 65th Street Owners LLC, et al., Index No. 651089/2019, rejecting a reverse alter-ego theory of liability because of plaintiff's failure to show injury caused to it, explaining: Read More
August 28, 2023
Allegations of Domination and Control Sufficient to Survive Motion to Dismiss on Veil Piercing Claims
On June 22, 2023, Justice Andrew Borrok of the New York County Commercial Division issued a decision in Hieber Astoria LLC v. Taverna, 2023 NYLJ LEXIS 1486, denying the motion to dismiss brought both by the entity defendants as well as the individual defendant. As to the individual defendant, the Court held that “the well-plead [Amended Complaint] alleges sufficient facts, which taken as true as the Court must, are sufficient to pierce the corporate veil and hold Mr. Taverna personally liable.” The Court further explained: Read More
February 17, 2021
Overlapping Ownership and Common Office Space Alone Insufficient to Support Veil Piercing Claim
On February 11, 2021, the First Department issued a decision in Suverant LLC v. Brainchild, Inc., 20… Read More
November 14, 2020
Domination of Corporation Without Abuse of Corporate Form Insufficient Basis for Veil Piercing Claim
On October 30, 2020, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
August 1, 2020
Court Allows Reverse Veil-Piercing Claims to Go Forward
On July 16, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
March 9, 2020
Individual Owner Can be Held Liable Under Veil Piercing Claim for the Torts of Owner's Company
On February 21, 2020, Justice Schecter of the New York County Commercial Division issued a decision … Read More
February 18, 2020
Veil Piercing Claim Against Parent Fails Because Plaintiff Was Aware of Subsidiary's Financial Condition
On January 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 11, 2020
Veil Piercing Claim Upheld Based on Allegations of Fraudulent Inducement
On January 31, 2020, the Fourth Department issued a decision in Clark Rigging & Rental Corp. v. … Read More
January 13, 2020
Veil Piercing Claim Rejected; Alleged Domination and Control Unrelated to Basis of Claim
On December 18, 2019, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
September 13, 2019
Bank Holding Company Not Liable for Acts of its Banking Subsidiary
On September 5, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
July 20, 2018
Claim Based on Alter Ego Theory Survives Motion to Dismiss
On July 2, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in As… Read More
June 19, 2018
Veil Piercing Claims Should Have Been Dismissed
On June 12, 2018, the First Department issued a decision in Shawmut Woodworking & Supply, Inc. v. AS… Read More
May 18, 2017
Court Will Ignore Corporate Form When it is Used to Perpetrate a Fraud
On April 7, 2017, Justice Dufficy of the Queens County Commercial Division issued a decision in Nand… Read More
December 20, 2016
Domination, Without Fraud or Bad Act, Insufficient to Prove Veil Piercing Claim
On December 14, 2016, the Second Department issued a decision in Vivir of L I, Inc. v. Ehrenkranz, 2… Read More
October 24, 2016
Allegations of Deceit or Wrongdoing Necessary for Veil Piercing Claim
On October 20, 2016, the First Department issued a decision in Pensmore Investments, LLC. v Gruppo, … Read More
June 24, 2016
Control and Domination Alone Insufficient to Justify Alter Ego Liability
On June 14, 2016, the First Department issued a decision in Cornwall Management Ltd. v. Kambolin, 20… Read More
June 2, 2016
Corporate Veil Pierced Only Where Owner's Complete Domination Used to Commit Fraud or Wrong
On May 31, 2016, the First Department issued a decision in JTS Trading Ltd. v. Trinity White City Ve… Read More
February 26, 2016
Plaintiff Not Required to Plead Elements of Alter Ego Liability With Particularity
On February 16, 2016, the First Department issued a decision in 2406-12 Amsterdam Associates LLC v. … Read More
November 26, 2015
Plaintiff Fails to State Claim for Alter Ego or Successor Liability
On November 16, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
February 27, 2015
Acquiror of Corporate Assets Liable for Corporation's Torts Under De Facto Merger Doctrine
On December 22, 2014, Justice Walker of the 8th Judicial District Commercial Division issued a decis… Read More
