JGK Indus., LLC v. Hayes N.Y. Bus., LLC
| Decision Date | 28 December 2016 |
| Citation | 45 N.Y.S.3d 479,145 A.D.3d 979,2016 N.Y. Slip Op. 08848 |
| Parties | JGK INDUSTRIES, LLC, appellant, v. HAYES N.Y. BUSINESS, LLC, et al., respondents, et al., defendants. |
| Court | New York Supreme Court — Appellate Division |
145 A.D.3d 979
45 N.Y.S.3d 479
2016 N.Y. Slip Op. 08848
JGK INDUSTRIES, LLC, appellant,
v.
HAYES N.Y. BUSINESS, LLC, et al., respondents, et al., defendants.
Supreme Court, Appellate Division, Second Department, New York.
Dec. 28, 2016.
Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., New York, N.Y. (Scott A. Rader, John P. Sefick, and Jonathan A. Stein of counsel), for appellant.
Seniawski Law Firm, New York, N.Y. (Barbara L. Seniawski of counsel), for respondents.
REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, and HECTOR D. LaSALLE, JJ.
In an action, inter alia, to recover damages for fraud and breach of a lease, the plaintiff appeals (1), as limited by its brief, from so much of an order of the Supreme Court, Nassau County (K. Murphy, J.), entered September 11, 2014, as granted those branches of the motion of the defendants Hayes N.Y. Business, LLC, Hayes N.Y. Property, LLC, Madison Capital Management, LLC, Brett Ellen, ADI Financial, LLC, and Steve Treadwell which were pursuant to CPLR 3211(a) to dismiss the cause of action alleging fraud insofar as asserted against them, and the cause of action alleging breach of a lease insofar as asserted against Hayes N.Y. Property, LLC, and Madison Capital Management, LLC, and (2) from an order of the same court entered April 21, 2015, which denied its motion for leave to amend the complaint.
ORDERED that the order entered September 11, 2014, is affirmed insofar as appealed from; and it is further,
ORDERED that the order entered April 21, 2015, is affirmed; and it is further,
ORDERED that the respondents are awarded one bill of costs.
The plaintiff commenced this action, inter alia, to recover damages for fraud and breach of a lease. The complaint alleged that the plaintiff's tenant, the defendant Hayes N.Y. Business, LLC (hereinafter Hayes Business), breached the subject lease, that the plaintiff entered into the lease as a result of fraudulent representations of the defendants, and that the defendants other than Hayes Business should be held liable for Hayes Business's obligations under the lease pursuant to the theory of piercing the corporate veil. The defendants Hayes Business, Hayes N.Y. Property, LLC (hereinafter Hayes Property), Madison Capital Management, LLC (hereinafter Madison), Brett Ellen, ADI Financial, LLC, and Steve Treadwell (hereinafter collectively the defendants) moved pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against them. In the order appealed from
entered September 11, 2014, the Supreme Court, inter alia, granted those branches of the
motion which were to dismiss the fraud cause of action insofar as asserted against them, and the cause of action alleging breach of a lease insofar as asserted against Hayes Property and Madison. The plaintiff subsequently moved for leave to amend the complaint, and in the order appealed from entered April 21, 2015, that motion was denied.
On a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the court must accept the plaintiff's allegations as true and construe the allegations liberally, giving the plaintiff the benefit of every possible favorable inference (see Dee v. Rakower, 112 A.D.3d 204, 208, 976 N.Y.S.2d 470 ; East Hampton Union Free School Dist. v. Sandpebble Bldrs., Inc., 66 A.D.3d 122, 125, ...
To continue reading
Request your trial
-
In re FCA US LLC Monostable Elec. Gearshift Litig.
...of the falsity, (3) intent to induce reliance, (4) justifiable reliance, and (5) damages." Jgk Indus., LLC v. Hayes NY Bus., LLC , 145 A.D.3d 979, 980, 45 N.Y.S.3d 479 (N.Y. App. Div. 2016). "To plead a cause of action alleging fraud in the inducement or fraudulent concealment, the plaintif......
-
Shetel Indus. LLC v. Adin Dental Implant Sys., Inc.
...intermingling of property between the entities." MAG Portfolio , 268 F.3d at 63 ; see also JGK Indus., LLC v. Hayes NY Bus., LLC , 145 A.D.3d 979, 980-81, 45 N.Y.S.3d 479 (N.Y. App. Div. 2016) ("Factors to be considered in determining whether the owner has ‘abused the privilege of doing bus......
-
Cioffi v. S.M. Foods, Inc.
...Cortlandt St. Recovery Corp. v. Bonderman , 31 N.Y.3d 30, 47, 73 N.Y.S.3d 95, 96 N.E.3d 191 ; JGK Indus., LLC v. Hayes N.Y. Bus., LLC , 145 A.D.3d 979, 980, 45 N.Y.S.3d 479 ; Rajeev Sindhwani, M.D., PLLC v. Coe Bus. Serv., Inc. , 52 A.D.3d 674, 677, 861 N.Y.S.2d 705 ). The plaintiffs conten......
-
In re FCA US LLC Monostable Elec. Gearshift Litig., Case Number 16-md-02744
...(citing Gennari v. Weichert Co. Realtors, 148 N.J. 582, 610, 691 A.2d 350, 367 (1997)); New York: JGK Indus., LLC v. Hayes NY Bus., LLC, 145 A.D.3d 979, 980, 45 N.Y.S.3d 479, 481 (N.Y. App. Div. 2016); North Carolina: Brodkin v. Novant Health, Inc., 824 S.E.2d 868, 874 (N.C. Ct. App. 2019);......