From Casetext: Smarter Legal Research

501 Fifth Ave. Co. v. Alvona Llc.

Supreme Court, Appellate Division, First Department, New York.
Oct 10, 2013
110 A.D.3d 494 (N.Y. App. Div. 2013)

Opinion

2013-10-10

501 FIFTH AVENUE COMPANY LLC, Plaintiff–Appellant, v. ALVONA LLC., Defendant, Serhiy Hoshovsky, et al., Defendants–Respondents.

Borah Goldstein Altschuler Nahins & Goidel, P.C., New York (Paul N. Gruber of counsel), for appellant. Chukwuemeka Nwokoro, New York, for respondents.



Borah Goldstein Altschuler Nahins & Goidel, P.C., New York (Paul N. Gruber of counsel), for appellant. Chukwuemeka Nwokoro, New York, for respondents.
TOM, J.P., SWEENY, SAXE, FREEDMAN, CLARK, JJ.

Order, Supreme Court, New York County (Ellen M. Coin, J.), entered on or about December 3, 2012, which granted the motion to dismiss the complaint made by defendants Serhiy Hoshovsky and Iryna Kryakina, unanimously affirmed, with costs.

Plaintiff is correct that the motion court should not have considered the affidavit of the director of the corporate defendant's parent. The affidavit, which was in a foreign language, was translated into English but was not accompanied by an affidavit from the translator (CPLR 2102[b] ).

Even without considering the affidavit, the claims against the individual defendants, which are based on piercing the corporate veil, were properly dismissed. The allegations of corporate domination are wholly conclusory and consist of no more than a recitation of the elements of the claim, “upon information and belief.” Moreover, the documents, and the complaint itself, show that the individual defendants are not owners of the corporate defendant, but mere employees or officers. As such, there is no explanation of how any domination was for their personal gain. Finally, the failure to allege any fraud or unjust conduct is fatal to the complaint, especially since the corporate defendant performed under the five year lease at issue for almost four years ( TNS Holdings v. MKI Sec. Corp., 92 N.Y.2d 335, 339–340, 680 N.Y.S.2d 891, 703 N.E.2d 749 [1998] ).


Summaries of

501 Fifth Ave. Co. v. Alvona Llc.

Supreme Court, Appellate Division, First Department, New York.
Oct 10, 2013
110 A.D.3d 494 (N.Y. App. Div. 2013)
Case details for

501 Fifth Ave. Co. v. Alvona Llc.

Case Details

Full title:501 FIFTH AVENUE COMPANY LLC, Plaintiff–Appellant, v. ALVONA LLC.…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Oct 10, 2013

Citations

110 A.D.3d 494 (N.Y. App. Div. 2013)
110 A.D.3d 494
2013 N.Y. Slip Op. 6624

Citing Cases

W. Hous. Prop. v. N.Y. Pilates NYC

To begin, they are "wholly conclusory and consist of no more than a recitation of the elements of the claim,…

Soifer v. S.D. Second Ave. Member

First, the claims against Karten must be dismissed because the Complaint does not sufficiently allege facts…