Namrod Construction Co. v. F.V.B. Contracting Corp.

Appellate Division of the Supreme Court of New York

Namrod Construction Co. v. F.V.B. Contracting Corp.

116 A.D.2d 556, 497 N.Y.S.2d 411, 1986 N.Y. App. Div. LEXIS 51410

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

DecidedJanuary 13, 1986

StatusPublished

Cited by2 cases

This text of 116 A.D.2d 556 (Namrod Construction Co. v. F.V.B. Contracting Corp.) 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.

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Namrod Construction Co. v. F.V.B. Contracting Corp., 116 A.D.2d 556, 497 N.Y.S.2d 411, 1986 N.Y. App. Div. LEXIS 51410 (N.Y. Ct. App. 1986).

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Opinion

In an action to recover damages for breach of contract, defendant Bai appeals from an order of the Supreme Court, Queens County (LeVine, J.), dated March 21, 1985, which denied his motion to dismiss the complaint as against him.

Order reversed, on the law, with costs, motion granted, and complaint dismissed as against defendant Bai.

Plaintiff’s contention that the contract dated September 28, 1983 obligated the individual defendant Bai is without merit, as it is clear from that document that Bai executed it only in [557]*557his capacity as an officer of the corporate defendant. There is, therefore, no basis for personal liability (see, e.g., Gold v Royal Cigar Co., 105 AD2d 831). Mangano, J. P., Bracken, Weinstein, Lawrence and Hooper, JJ., concur.

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In an action to recover damages for breach of contract, defendant Bai appeals from an order of the Supreme Court, Queens County (LeVine, J.), dated March 21, 1985, which denied his motion to dismiss the complaint as against him.

Order reversed, on the law, with costs, motion granted, and complaint dismissed as against defendant Bai.

Plaintiff’s contention that the contract dated September 28, 1983 obligated the individual defendant Bai is without merit, as it is clear from that document that Bai executed it only in [557]*557his capacity as an officer of the corporate defendant. There is, therefore, no basis for personal liability (see, e.g., Gold v Royal Cigar Co., 105 AD2d 831). Mangano, J. P., Bracken, Weinstein, Lawrence and Hooper, JJ., concur.

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116 A.D.2d 556, 497 N.Y.S.2d 411, 1986 N.Y. App. Div. LEXIS 51410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/namrod-construction-co-v-fvb-contracting-corp-nyappdiv-1986.

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