Opinion
June 14, 1993
Appeal from the Supreme Court, Suffolk County (Seidell, J.).
Ordered that the order dated March 6, 1991, is affirmed insofar as appealed from, without costs or disbursements; and it is further,
Ordered that the appeal from the order dated June 13, 1991, is dismissed as academic, without costs or disbursements.
By order dated October 31, 1991, the Supreme Court vacated, nunc pro tunc, all injunctive relief previously granted in this action. Accordingly, the appeal from the order dated June 13, 1991, substantially adhering to a prior determination concerning the granting of injunctive relief, is dismissed as academic.
Assuming the truth of the allegations contained in the complaint, as we must, as supplemented by the affidavits in the record (see, Rovello v. Orofino Realty Co., 40 N.Y.2d 633, 635), we find that a cause of action is stated against the appellant to pierce its corporate veil (see, People ex rel. Washburn v. Hall Co., 174 A.D.2d 562; Matter of Sbarro Holding [Shiaw Tien Yuan], 91 A.D.2d 613, 614; Matter of Reif [Williams Sportswear], 9 N.Y.2d 387, 392-393). Accordingly, the court properly denied the appellant's motion to dismiss the complaint insofar as it is asserted against it. Lawrence, J.P., Ritter, Copertino and Santucci, JJ., concur.