Parker v. Cox

Appellate Division of the Supreme Court of New York

Parker v. Cox

306 A.D.2d 55, 759 N.Y.S.2d 678, 2003 N.Y. App. Div. LEXIS 6316

Appellate Division of the Supreme Court of the State of New York·Decided June 5, 2003·Published·Cited by 1 cases

Opinion

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered on or about March 6, 2002, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

At best, plaintiff’s evidence shows that she was employed not by defendants, or by the museum they were attempting to set up during the period of the alleged employment, but by the not-for-profit corporation they used to raise funds for the museum that was dissolved upon the formation of the museum. Thus, defendants cannot be held liable on the theory that they acted on behalf of a nonexistent corporation (cf. Bay Ridge Lbr. Co. v Groenendaal, 175 AD2d 94, 96 [1991]). Nor is there any [56] evidence that defendant Cox agreed to personally guarantee plaintiff’s purported salary. The defamation claim against Cox must be dismissed where she unequivocally denies that she made the alleged slanderous statements and plaintiff adduces only hearsay that she did (see Snyder v Sony Music Entertainment, 252 AD2d 294, 298 [1999]). We have considered plaintiff’s other arguments and find them unavailing. Concur — Tom, J.P., Sullivan, Rosenberger, Wallach

Footnotes

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—Order, Supreme Court, New York County (Ira Gammerman, J.), entered on or about March 6, 2002, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

At best, plaintiff’s evidence shows that she was employed not by defendants, or by the museum they were attempting to set up during the period of the alleged employment, but by the not-for-profit corporation they used to raise funds for the museum that was dissolved upon the formation of the museum. Thus, defendants cannot be held liable on the theory that they acted on behalf of a nonexistent corporation (cf. Bay Ridge Lbr. Co. v Groenendaal, 175 AD2d 94, 96 [1991]). Nor is there any [56] evidence that defendant Cox agreed to personally guarantee plaintiff’s purported salary. The defamation claim against Cox must be dismissed where she unequivocally denies that she made the alleged slanderous statements and plaintiff adduces only hearsay that she did (see Snyder v Sony Music Entertainment, 252 AD2d 294, 298 [1999]). We have considered plaintiff’s other arguments and find them unavailing. Concur — Tom, J.P., Sullivan, Rosenberger, Wallach

Footnotes

Parker v. Cox, 306 A.D.2d 55, 759 N.Y.S.2d 678, 2003 N.Y. App. Div. LEXIS 6316 (N.Y. Ct. App. 2003).

Pincite

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Opinion

Footnotes

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