New York State Electric & Gas Corp. v. Ehrlich

Appellate Division of the Supreme Court of New York

New York State Electric & Gas Corp. v. Ehrlich

284 A.D.2d 894, 726 N.Y.S.2d 789, 2001 N.Y. App. Div. LEXIS 6856

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

DecidedJune 28, 2001

StatusPublished

This text of 284 A.D.2d 894 (New York State Electric & Gas Corp. v. Ehrlich) 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

New York State Electric & Gas Corp. v. Ehrlich, 284 A.D.2d 894, 726 N.Y.S.2d 789, 2001 N.Y. App. Div. LEXIS 6856 (N.Y. Ct. App. 2001).

Pincite

Opinion

Mercure, J. P.

Appeal from an order of the Supreme Court (Meddaugh, J.), entered May 18, 2000 in Sullivan County, which denied a motion by defendant Jerome Ehrlich for partial summary judgment dismissing the complaint against him in his individual capacity.

Plaintiff brought this action to recover money allegedly owed it for electric service supplied to a hotel property operated by defendant New Pines, Inc. Defendant Jerome Ehrlich, a director and officer of New Pines, Inc., was named as a defendant in his individual capacity. Following joinder of issue, Ehrlich moved for partial summary judgment dismissing the complaint against him upon the ground that there is no basis for imposing personal liability. Supreme Court denied the motion, Ehrlich appeals, and we affirm. We agree with Supreme Court’s conclusion that a triable issue of fact was raised by plaintiff’s business records showing that the subject account was in the name of “Jerome Ehrlich” and that all invoices for electric service supplied to the hotel were in the name of and addressed to “Jerome Ehrlich” and an affidavit of the Customer Services Manager of plaintiff’s office in the Town of Liberty, Sullivan County stating that the account was opened and maintained in the name of “Jerome Ehrlich.” The Customer Services Manager [895]*895further averred that, had the account been opened in the name of a corporation, a substantial security deposit would have been, but was not, required.

Carpinello, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the order is affirmed, with costs.

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Mercure, J. P.

Appeal from an order of the Supreme Court (Meddaugh, J.), entered May 18, 2000 in Sullivan County, which denied a motion by defendant Jerome Ehrlich for partial summary judgment dismissing the complaint against him in his individual capacity.

Plaintiff brought this action to recover money allegedly owed it for electric service supplied to a hotel property operated by defendant New Pines, Inc. Defendant Jerome Ehrlich, a director and officer of New Pines, Inc., was named as a defendant in his individual capacity. Following joinder of issue, Ehrlich moved for partial summary judgment dismissing the complaint against him upon the ground that there is no basis for imposing personal liability. Supreme Court denied the motion, Ehrlich appeals, and we affirm. We agree with Supreme Court’s conclusion that a triable issue of fact was raised by plaintiff’s business records showing that the subject account was in the name of “Jerome Ehrlich” and that all invoices for electric service supplied to the hotel were in the name of and addressed to “Jerome Ehrlich” and an affidavit of the Customer Services Manager of plaintiff’s office in the Town of Liberty, Sullivan County stating that the account was opened and maintained in the name of “Jerome Ehrlich.” The Customer Services Manager [895]*895further averred that, had the account been opened in the name of a corporation, a substantial security deposit would have been, but was not, required.

Carpinello, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the order is affirmed, with costs.

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Bluebook (online)

284 A.D.2d 894, 726 N.Y.S.2d 789, 2001 N.Y. App. Div. LEXIS 6856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-state-electric-gas-corp-v-ehrlich-nyappdiv-2001.