Niagara Vest, Inc. v. Alloy Briquetting Corp.

Appellate Division of the Supreme Court of New York

Niagara Vest, Inc. v. Alloy Briquetting Corp.

195 A.D.2d 955, 600 N.Y.S.2d 589, 1993 N.Y. App. Div. LEXIS 7731

Appellate Division of the Supreme Court of the State of New York·Decided July 16, 1993·Published

Opinion

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of defendants Universal Process Equipment Co., Inc., and Johnson Machinery Corp. for summary judgment dismissing plaintiff’s complaint against [956]*956them. Defendants presented evidence in admissible form sufficient to prove as a matter of law that defendant Niagara Vest, Inc., had a corporate existence separate from theirs and did not function merely as their alter ego (see, Billy v Consolidated Mach. Tool Corp., 51 NY2d 152, 163; Port Chester Elec. Constr. Corp. v Atlas, 40 NY2d 652, 657; Matter of Gifford, 144 AD2d 742, 744; Ioviero v Ciga Hotels, 101 AD2d 852, 853). Plaintiff failed to submit evidence to create a question of fact sufficient to defeat summary judgment. (Appeal from Order of Supreme Court, Niagara County, Koshian, J.—Summary Judgment.) Present—Denman, P. J., Balio, Lawton, Doerr and Boehm, JJ.

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Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of defendants Universal Process Equipment Co., Inc., and Johnson Machinery Corp. for summary judgment dismissing plaintiff’s complaint against [956]*956them. Defendants presented evidence in admissible form sufficient to prove as a matter of law that defendant Niagara Vest, Inc., had a corporate existence separate from theirs and did not function merely as their alter ego (see, Billy v Consolidated Mach. Tool Corp., 51 NY2d 152, 163; Port Chester Elec. Constr. Corp. v Atlas, 40 NY2d 652, 657; Matter of Gifford, 144 AD2d 742, 744; Ioviero v Ciga Hotels, 101 AD2d 852, 853). Plaintiff failed to submit evidence to create a question of fact sufficient to defeat summary judgment. (Appeal from Order of Supreme Court, Niagara County, Koshian, J.—Summary Judgment.) Present—Denman, P. J., Balio, Lawton, Doerr and Boehm, JJ.

Niagara Vest, Inc. v. Alloy Briquetting Corp., 195 A.D.2d 955, 600 N.Y.S.2d 589, 1993 N.Y. App. Div. LEXIS 7731 (N.Y. Ct. App. 1993).

Pincite

195 A.D.2d 955 (Niagara Vest, Inc. v. Alloy Briquetting Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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