Opinion · Appellate Division of the Supreme Court of the State of New York
MLM v. Karamouzis
MLM v. Karamouzis, 2 A.D.3d 161 (Appellate Division of the Supreme Court of the State of New York 2003)
- Type
- Opinion
- Court
- Appellate Division of the Supreme Court of the State of New York
- Jurisdiction
- New York
- Date
- 2003-12-04
- Topic
- antitrust
Order, Supreme Court, New York County (Edward Lehner, J.), entered August 15, 2002, which granted defendant’s motion to dismiss the action, unanimously affirmed, with costs. An owner/shareholder is not individually hable for the torts of a corporation unless it is established that he exercised complete dominion over the corporation alleged to have committed the wrong (Brito v DILP Corp., 282 AD2d 320 [2001]). We reject plaintiff’s claim that defendant, a principal of the restaurant corporation, engaged in allegedly tortious conduct, *162for which he should be held individually responsible. Such conduct amounts, at most, to nonfeasance, for which defendant is not liable (Michaels v Lispenard Holding Corp., 11 AD2d 12, 14 [I960]). Furthermore, plaintiff failed to demonstrate the requisite elements of a claim for breach of fiduciary duty.
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- 6 opinions
Order, Supreme Court, New York County (Edward Lehner, J.), entered August 15, 2002, which granted defendant’s motion to dismiss the action, unanimously affirmed, with costs.
An owner/shareholder is not individually hable for the torts of a corporation unless it is established that he exercised complete dominion over the corporation alleged to have committed the wrong (Brito v DILP Corp., 282 AD2d 320 [2001]). We reject plaintiff’s claim that defendant, a principal of the restaurant corporation, engaged in allegedly tortious conduct,