On April 23, 2025, the Second Department issued a decision in HLI Rail & Rigging, LLC v. Franklin Exhibit Mgt. Group, LLC, 2025 NY Slip Op. 02330, upholding on a motion to dismiss veil piercing claims based on corporate domination . . . Continue reading Veil Piercing Claims Based on Corporate Domination Upheld on Motion to Dismiss
On October 24, 2024, the First Department issued a decision in Zhong Lun Law Firm LLC v. Zhong Lun Law Firm, 2024 NY Slip Op. 05300, holding that a veil piercing claim failed for lack of allegations of how the alleged abuse of the corporate form was used to harm the plaintiff . . . Continue reading Veil Piercing Claim Fails for Lack of Allegations of How Abuse of the Corporate Form Was Used to Harm Plaintiff
On August 8, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Podokshik v. Cachette, 2024 NY Slip Op. 32795(U), holding that dominance of a corporation alone is insufficient to justify piercing the corporate veil . . . Continue reading Dominance of Corporation Alone is Insufficient to Justify Piercing the Corporate Veil
On February 13, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in David v. Arbie Processing, LLC, 2024 NY Slip Op. 30476(U), holding that allegations of domination, without more, were insufficient to support veil piercing claims . . . Continue reading Allegations of Domination, Without More, Insufficient to Support Veil Piercing Claims
On November 28, 2023, the First Department issued a decision in Ambase Corp. v. 111 W. 57th Sponsor LLC, 2023 NY Slip Op. 06078, holding that veil piercing claims failed because the alleged fraud or misconduct did not arise from misuse of the corporate form . . . Continue reading Veil Piercing Claims Dismissed for Failure to Allege Fraud or Misconduct Arising from Misuse of the Corporate Form
On October 24, 2023, Justice Masley of the New York County Commercial Division issued a decision in Citibank, N.A. v. East 65th St. Owners LLC, 2023 NY Slip Op. 33778(U), holding that an alter ego claim cannot be based on a breach of contract . . . Continue reading Alter Ego Claim Cannot Be Based on Breach of Contract
On September 14, 2023, Justice Chan of the New York County Commercial Division issued a decision in Needham & Co., LLC v. UpHealth Holdings, Inc., 2023 NY Slip Op. 33210(U), holding that a defendant was liable for its predecessor’s contractual obligations . . . Continue reading Defendant Liable for its Predecessor’s Contractual Obligations
On September 21, 2023, the First Department issued a decision in 47 E. 34th St. (NY) L.P. v. BridgeStreet Worldwide, Inc., 2023 NY Slip Op. 04702, holding that a claim based on successor liability failed for lack of evidence that the defendant purchased the assets of the predecessor company . . . Continue reading Claim Based on Successor Liability Fails Without Evidence That Defendant Purchased Assets
On July 25, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Snow v. Besen Capital, LLC, 2023 NY Slip Op. 32553(U), holding that a plaintiff had failed to meet the high burden of alleging corporate predecessor liability . . . Continue reading Plaintiff Fails to Meet High Burden of Alleging Corporate Predecessor Liability
On May 10, 2023, the Second Department issued a decision in Y.B. Assoc. Group, LLC v. Rubin, 2023 NY Slip Op. 02558, holding that an LLC member was not liable for an LLC’s obligations under an agreement the member had signed on behalf of the LLC . . . Continue reading LLC Member not Liable for LLC’s Obligations Under Agreement Member Signed on Behalf of LLC
