Opinion
480, 481
March 13, 2003.
Order and judgment, Supreme Court, New York County (Herman Cahn, J.), entered on or about October 3, 2002 and October 16, 2002, respectively, which, to the extent appealed from, granted defendants' cross motion for partial summary judgment and dismissed the complaint as against defendant Renate McKnight, unanimously affirmed, with costs.
Ross J. Ellick, for plaintiffs-appellants.
Donald A. Pitofsky, for defendants-respondents.
Before: Buckley, P.J., Tom, Rosenberger, Lerner, Marlow, JJ.
The complaint was properly dismissed insofar as it sought to pierce the corporate veil of the McKnight entities so as to hold defendant Renate McKnight personally liable, since the record presents no triable issue as to whether "the corporation was dominated as to the transaction attacked" or as to whether "such domination was the instrument of fraud or otherwise resulted in wrongful or inequitable consequences" (TNS Holdings, Inc. v. MKI Secs. Corp., 92 N.Y.2d 335, 339; and see Matter of Morris v. New York State Dept. of Taxation and Fin., 82 N.Y.2d 135). Plaintiffs' mere hope that further discovery would support their claims is not a sufficient reason to postpone summary judgment (see Maysek Moran, Inc. v. S.G. Warburg Co., 284 A.D.2d 203).
We have considered plaintiffs' remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.