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

Appellate Division of the Supreme Court of the State of New York·Decided January 13, 1986·Published·Cited by 2 cases

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] his 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] his 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.

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).

Pincite

116 A.D.2d 556 (Namrod Construction Co. v. F.V.B. Contracting Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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