Summary
affirming the dismissal of fraud claims against a corporate officer based on insufficient allegations of individual conduct
Summary of this case from Nat'l Convention Servs. v. Showtime on Piers, LLC.Opinion
June 17, 1999.
Appeal from the Supreme Court, New York County (Barry Cozier, J.).
Plaintiffs, in support of their causes of action for fraud, have failed to articulate a misrepresentation of a material existing fact, or a basis for justifiable reliance upon such misrepresentations as are alleged, and, accordingly, the fraud causes were properly dismissed ( see, New York Univ. v. Continental Ins. Co., 87 N.Y.2d 308, 318). Also proper was the motion court's dismissal of the complaint as against individual defendant Coluccio. Even when liberally construed, and viewed in the light most favorable to plaintiffs ( see, supra), the complaint does not sufficiently allege defendant Coluccio's abuse of the corporate form and, accordingly, fails to state grounds upon which the corporate veil might be pierced in order to assign liability against Coluccio personally ( see, Matter of Morris v. New York State Dept. of Taxation Fin., 82 N.Y.2d 135, 142).
Concur — Ellerin, P. J., Wallach, Lerner and Friedman, JJ.