Opinion
No. 570555/11.
2012-06-26
Angelo SKALAFURIS, P.E., Plaintiff–Appellant, v. RUFF RYDERS MUSIC CO., Defendant–Respondent.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Ann E. O'Shea, J.), entered April 26, 2011, which denied his motion, in effect, to pierce the corporate veil of defendant Ruff Ryders Music Co., and to compel nonparty Chivon Dean to satisfy a money judgment entered against defendant.
Present: LOWE, III, P.J., SHULMAN, TORRES, JJ.
PER CURIAM.
Order (Ann E. O'Shea, J.), entered April 26, 2011, modified to vacate the merits determination on the motion and to deem the denial of plaintiff's application to be without prejudice; as modified, order affirmed, without costs.
The relief requested in plaintiff's postjudgment motion, seeking in effect to pierce the corporate veil of the defendant judgment debtor, is a form of equitable relief that Civil Court lacks jurisdiction to entertain ( see 19 W. 45th St. Realty Co. v. Darom Elec. Corp., 233 A.D.2d 184 [1996] ). In this posture, we vacate the court's merits determination and deny plaintiff's application without prejudice to plaintiff's remedies in a proper forum. In so doing, we express no view on the merits of plaintiff's claims.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.