Mitchell v. FBM, LLC

Appellate Division of the Supreme Court of New York

Mitchell v. FBM, LLC

58 A.D.3d 577, 870 N.Y.S.2d 913

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 29, 2009

StatusPublished

This text of 58 A.D.3d 577 (Mitchell v. FBM, LLC) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mitchell v. FBM, LLC, 58 A.D.3d 577, 870 N.Y.S.2d 913 (N.Y. Ct. App. 2009).

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Opinion

Order, Supreme Court, New York County (Joan A. Madden, J.), entered July 22, 2008, which denied, with leave to renew, plaintiffs motion for summary judgment on his first cause of action seeking a declaration that defendant is the successor in interest or alter corporate entity to nonparty Fidelity Borrowing, LLC, unanimously affirmed, with costs.

The court correctly found that plaintiffs motion, brought before discovery had begun, was premature. Concur—Saxe, J.E, Friedman, Nardelli, Sweeny and DeGrasse, JJ. [See 2008 NY Slip Op 32056(11).]

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Order, Supreme Court, New York County (Joan A. Madden, J.), entered July 22, 2008, which denied, with leave to renew, plaintiffs motion for summary judgment on his first cause of action seeking a declaration that defendant is the successor in interest or alter corporate entity to nonparty Fidelity Borrowing, LLC, unanimously affirmed, with costs.

The court correctly found that plaintiffs motion, brought before discovery had begun, was premature. Concur—Saxe, J.E, Friedman, Nardelli, Sweeny and DeGrasse, JJ. [See 2008 NY Slip Op 32056(11).]

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Bluebook (online)

58 A.D.3d 577, 870 N.Y.S.2d 913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-fbm-llc-nyappdiv-2009.