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Gannone v. Wittman

Appellate Division of the Supreme Court of New York, First Department
Feb 24, 1994
201 A.D.2d 433 (N.Y. App. Div. 1994)

Opinion

February 24, 1994

Appeal from the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.).


The IAS Court properly concluded that plaintiffs' claim under Business Corporation Law § 630 and the Collective Bargaining Agreement should not be subject to dismissal for failure to state a cause of action. Because we agree that "termination of such services" under Business Corporation Law § 630 (a) should be construed as the termination of the employment relationship, we affirm the trial court's conclusion that the action was timely commenced (see, Burns v. Stento, 9 N.Y.S.2d 736).

Furthermore, we agree that defendant's claim that his liability is conclusively limited to debts incurred after July 20, 1990 cannot be decided on a pre-answer motion to dismiss pursuant to CPLR 3211 (a) (7) because sufficient evidence to support this conclusion has not been presented at this stage in the litigation.

Concur — Rosenberger, J.P., Ross, Asch, Rubin and Williams, JJ.


Summaries of

Gannone v. Wittman

Appellate Division of the Supreme Court of New York, First Department
Feb 24, 1994
201 A.D.2d 433 (N.Y. App. Div. 1994)
Case details for

Gannone v. Wittman

Case Details

Full title:JOHN GANNONE, as President of Local 400 Production Workers, et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 24, 1994

Citations

201 A.D.2d 433 (N.Y. App. Div. 1994)
609 N.Y.S.2d 774