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
On April 20, 2023, the First Department issued a decision in G & Y Maintenance Corp. v. Core Cont. Constr. LLC, 2023 NY Slip Op. 02061, holding that domination, without more, was an insufficient basis to pierce the corporate veil . . . Continue reading Domination, Without More, Insufficient Basis to Pierce the Corporate Veil
On January 10, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Krigsman v. Columbia Capital Auto Fleet Inc., 2023 NY Slip Op. 30069(U), holding the veil piercing claims cannot be based on conclusory allegations of domination . . . Continue reading Veil Piercing Claims Cannot Be Based on Conclusory Allegations of Domination
On January 12, 2023, the First Department issued a decision in Kostyatnikov v. HFZ Capital Group LLC, 2023 NY Slip Op. 00176, holding that veil piercing claims do not need to be plead with particularity . . . Continue reading Veil Piercing Claims Need Not be Plead with Particularity
