Fern, Inc. v. Adjmi

• Decision Date: 21 October 1993
• Citation: 602 N.Y.S.2d 615,197 A.D.2d 444
• Parties: FERN, INC., Plaintiff-Respondent, v. Richard ADJMI, Defendant-Appellant, and Harold Ebani, et al., Defendants.
• Court: New York Supreme Court — Appellate Division

Page 615

602 N.Y.S.2d 615

197 A.D.2d 444

FERN, INC., Plaintiff-Respondent, v.Richard ADJMI, Defendant-Appellant and Harold Ebani, et al., Defendants.

Supreme Court, Appellate Division First Department.

Oct. 21, 1993.

Before MURPHY, P.J., and CARRO, ROSS and ASCH, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, New York County (Carmen Beauchamp Ciparick, J.), entered November 6, 1992, after a non-jury trial, in favor of the plaintiff as against defendant Adjmi in the sum of $38,488.37 and which dismissed the plaintiff's causes of action against defendants Ebani and Age Group, Ltd., unanimously affirmed, with costs.

The IAS court properly determined that plaintiff had established a cause of action for piercing the corporate veil so as to impose liability for the corporate rent obligations of Crayons upon defendant Adjmi.The record reveals that defendant Adjmi, who had negotiated and executed the lease agreement with the plaintiff on behalf of Crayons, exercised complete dominion and control over that corporate entity, which, as a mere alter ego of that defendant, had no assets, liabilities or income, no regularly elected...