Multiple Products, Inc. v. Seaboard National Distribution Center, Inc.

Appellate Division of the Supreme Court of New York

Multiple Products, Inc. v. Seaboard National Distribution Center, Inc.

34 A.D.2d 919, 311 N.Y.S.2d 346, 1970 N.Y. App. Div. LEXIS 4533

Appellate Division of the Supreme Court of the State of New York·Decided June 11, 1970·Published·Cited by 1 cases

Opinion

Judgment entered November 26, 1969, unanimously modified on the law and the facts by vacating the judgment as against the defendant Rodolitz and dismissing the complaint as to him, and except as modified judgment affirmed, without costs and without disbursements. Even though the individual was neither -an officer nor a director of the corporate defendant, he was its sole stockholder and concededly its moving spirit. All of the acts done by him were on behalf of the corporation and the latter’s liability stems solely from those acts. The claim is based on an overcharge by the corporate defendant and no grounds for individual liability were established. Concur — Eager, J. P., McGivern, Markewich and Steuer, JJ.

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Judgment entered November 26, 1969, unanimously modified on the law and the facts by vacating the judgment as against the defendant Rodolitz and dismissing the complaint as to him, and except as modified judgment affirmed, without costs and without disbursements. Even though the individual was neither -an officer nor a director of the corporate defendant, he was its sole stockholder and concededly its moving spirit. All of the acts done by him were on behalf of the corporation and the latter’s liability stems solely from those acts. The claim is based on an overcharge by the corporate defendant and no grounds for individual liability were established. Concur — Eager, J. P., McGivern, Markewich and Steuer, JJ.

Multiple Products, Inc. v. Seaboard National Distribution Center, Inc., 34 A.D.2d 919, 311 N.Y.S.2d 346, 1970 N.Y. App. Div. LEXIS 4533 (N.Y. Ct. App. 1970).

Pincite

34 A.D.2d 919 (Multiple Products, Inc. v. Seaboard National Distribution Center, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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