Summary
dismissing action where plaintiff failed to provide evidence of self-dealing, commingling of funds, lack of corporate formalities or other veil-piercing indicia
Summary of this case from Albion & Heath LLC v. Hencor Capital Inc.Opinion
November 19, 1998
Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).
The complaint is totally devoid of factual, or even conclusory, allegations tending to show defendant parent's liability for the subject transactions. This pleading defect is not remedied by either the documents that plaintiff submitted in opposition to the motion, which nowhere mention the parent, or plaintiff's affidavit, which contains no evidence of self-dealing, commingling of funds, lack of corporate formalities or other veil-piercing indicia ( see, International Credit Brokerage Co. v. Agapov, 249 A.D.2d 77; TNS Holdings v. MKI Sec. Corp., 243 A.D.2d 297, 300, rev on other grounds 92 N.Y.2d 335), and no facts tending to show, or even the allegation, that defendant subsidiary was used for the purpose of committing a wrong ( see, TNS Holdings v. MKI Sec. Corp., 92 N.Y.2d 335, supra; Matter of Morris v. New York State Dept. of Taxation Fin., 82 N.Y.2d 135, 141-142). The claimed need for disclosure provides no basis to forestall dismissal ( see, Sovereign Metal Corp. v. Ciraco, 210 A.D.2d 75, 76). We have considered plaintiff's other contentions, including that regarding the subsidiary's alleged noncompliance with Business Corporation Law § 1309 Bus. Corp., and find them to be without merit.
Concur — Sullivan, J. P., Nardelli, Williams and Mazzarelli, JJ.