Greenway Plaza Office Park-1, LLC v. Metro Construction Services, Inc.
| Decision Date | 02 February 2004 |
| Docket Number | 2002-11082. |
| Citation | 771 N.Y.S.2d 532,4 A.D.3d 328,2004 NY Slip Op 00493 |
| Parties | GREENWAY PLAZA OFFICE PARK-1, LLC, Appellant, v. METRO CONSTRUCTION SERVICES, INC., Defendant, and WARREN GLAZER, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the sixth cause of action in the amended complaint is reinstated.
After the defendant Metro Construction Services, Inc. (hereinafter Metro), filed a mechanic's lien against the plaintiff's property, the plaintiff commenced this action against Metro and its president, Warren Glazer, seeking a judgment declaring the mechanic's lien void and to recover damages, inter alia, for willful exaggeration of the lien. The fifth cause of action in the amended complaint, asserted solely against Metro, alleges a prima facie tort. The sixth cause of action, asserted solely against Glazer, alleges a cause of action sounding in abuse of process and also seeks to impose personal liability upon Glazer for Metro's allegedly tortious conduct in, among other things, improperly filing the mechanic's lien. The defendants, in their amended answer, interposed affirmative defenses and counterclaims, inter alia, alleging breach of contract and for foreclosure of the mechanic's lien. Following joinder of issue, Glazer moved pursuant to CPLR 3212 for summary judgment dismissing the sixth cause of action, arguing that as corporate officer of Metro, he was exempt from personal liability for the actions complained of. The Supreme Court granted the motion on the ground that there was no evidence to establish a claim to recover damages for abuse of process or a prima facie tort. We reverse.
Glazer failed to make a prima facie showing of entitlement to judgment as a matter of law (see CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). In support of his motion, he tendered an affidavit in which he essentially denied participating in any of the conduct described in the amended complaint in any capacity other than as an officer of...
To continue reading
Request your trial
-
Egger's Original Ice Cream, Inc. v. Staten Island Historical Soc'y
... ... sewage pipes; (2) continuing food services without ... functioning drainage; (3) failure to ... construction and failure to obtain HRT approval of ... Am. v. Plaza at Latham Assocs. , 135 A.D.2d 74 [3rd Dept ... Dept 2012] quoting Greenway Plaza Office Park-1, LLC v ... Metro Constr ... ...
-
Rubinov v. Harrison (In re A.N. Frieda Diamonds, Inc.)
...Cir. 2001) (quoting Lopresti v. Terwilliger , 126 F.3d 34, 42 (2d Cir. 1997) ); see Greenway Plaza Office Park-1, LLC v. Metro Const. Servs., Inc. , 4 A.D.3d 328, 329–30, 771 N.Y.S.2d 532 (2d Dep't 2004) (noting that "if a director or officer commits, or participates in the commission of, a......
-
PDK Labs, Inc. v. G.M.G. Trans W. Corp.
...304, 862 N.Y.S.2d 580;Retropolis, Inc. v. 14th St. Dev. LLC, 17 A.D.3d 209, 211, 797 N.Y.S.2d 1;Greenway Plaza Off. Park–1 v. Metro Constr. Servs., 4 A.D.3d 328, 329–330, 771 N.Y.S.2d 532). Accordingly, “[a]n individual, even though acting for a corporation of which he is an officer, may be......
-
Neptune Estates, LLC v. Big Poll & Son Constr., LLC
...Dept. 2009];see Aguirre v. Paul, 54 A.D.3d 302, 304, 862 N.Y.S.2d 580 [2d Dept. 2008];Greenway Plaza Off. Park–1 v. Metro Constr. Servs., 4 A.D.3d 328, 329–330, 771 N.Y.S.2d 532 [2d Dept. 2004] ). However, “[a] corporate officer is not held liable for the negligence of the corporation merel......