MLM v. Karamouzis

Appellate Division of the Supreme Court of New York

MLM v. Karamouzis

2 A.D.3d 161, 767 N.Y.S.2d 620, 2003 N.Y. App. Div. LEXIS 12934

Appellate Division of the Supreme Court of the State of New York·Decided December 4, 2003·Published·Cited by 6 cases

Opinion

Order, Supreme Court, New York County (Edward Lehner, J.), entered August 15, 2002, which granted defendant’s motion to dismiss the action, unanimously affirmed, with costs.

An owner/shareholder is not individually hable for the torts of a corporation unless it is established that he exercised complete dominion over the corporation alleged to have committed the wrong (Brito v DILP Corp., 282 AD2d 320 [2001]). We reject plaintiff’s claim that defendant, a principal of the restaurant corporation, engaged in allegedly tortious conduct, [162]*162for which he should be held individually responsible. Such conduct amounts, at most, to nonfeasance, for which defendant is not liable (Michaels v Lispenard Holding Corp., 11 AD2d 12, 14 [I960]). Furthermore, plaintiff failed to demonstrate the requisite elements of a claim for breach of fiduciary duty. Concur—Tom, J.P., Andrias, Saxe and Ellerin, JJ.

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Order, Supreme Court, New York County (Edward Lehner, J.), entered August 15, 2002, which granted defendant’s motion to dismiss the action, unanimously affirmed, with costs.

An owner/shareholder is not individually hable for the torts of a corporation unless it is established that he exercised complete dominion over the corporation alleged to have committed the wrong (Brito v DILP Corp., 282 AD2d 320 [2001]). We reject plaintiff’s claim that defendant, a principal of the restaurant corporation, engaged in allegedly tortious conduct, [162]*162for which he should be held individually responsible. Such conduct amounts, at most, to nonfeasance, for which defendant is not liable (Michaels v Lispenard Holding Corp., 11 AD2d 12, 14 [I960]). Furthermore, plaintiff failed to demonstrate the requisite elements of a claim for breach of fiduciary duty. Concur—Tom, J.P., Andrias, Saxe and Ellerin, JJ.

MLM v. Karamouzis, 2 A.D.3d 161, 767 N.Y.S.2d 620, 2003 N.Y. App. Div. LEXIS 12934 (N.Y. Ct. App. 2003).

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2 A.D.3d 161 (MLM v. Karamouzis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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