Opinion
No. 570724/11.
2012-02-22
Donald GLASSMAN, Plaintiff–Appellant, v. EDWARD III, LLC, Edward K. Jahn, and Mark A. Maurice, Defendants–Respondents.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Arthur F. Engoron, J.), entered June 1, 2011, which granted the motion of defendants Edward K. Jahn and Mark A. Maurice to dismiss the complaint as against them.
Present HUNTER, JR., J.P., SHULMAN, TORRES, JJ.
PER CURIAM.
Order (Arthur F. Engoron, J.), entered June 1, 2011, affirmed, without costs.
The action was properly dismissed as against the individual defendants, in view of their (unchallenged) showing that they signed the promissory note sued upon solely in their representative capacity as “member[s]” of the corporate defendant. Plaintiff's contention that he was not properly served with defendants' summary judgment motion finds no support in the limited record on appeal.