Maggio v. Becca Construction Co.
Cases that cite this one
15 later published cases cite this decision.
- Corwin v. NYC Bike Share, LLC (District Court, S.D. New York 2017)
- Kallman v. Pinecrest Modular Homes, Inc. (Appellate Division of the Supreme Court of New York 2011)
- Atlas Elevator Corp. v. United Elevator Group, Inc. (Appellate Division of the Supreme Court of New York 2010)
- Lawlor v. Hoffman (Appellate Division of the Supreme Court of New York 2009)
- Shkolnik v. Krutoy (Appellate Division of the Supreme Court of New York 2009)
- Meyer v. Martin (Appellate Division of the Supreme Court of New York 2005)
- Beamon v. Agar Truck Sales, Inc. (Appellate Division of the Supreme Court of New York 2005)
- Friedenberg v. 31 Calvary Drive Corp. (Appellate Division of the Supreme Court of New York 2005)
- Bernstein v. Starrett City, Inc. (Appellate Division of the Supreme Court of New York 2003)
- Felder v. R and K Realty (Appellate Division of the Supreme Court of New York 2002)
- Rubinberg v. Correia Designs, Ltd. (Appellate Division of the Supreme Court of New York 1999)
- Martin v. Martin (Appellate Division of the Supreme Court of New York 1998)
- Michaels Electrical Supply Corp. v. Trott Electric, Inc. (Appellate Division of the Supreme Court of New York 1996)
- Palisades Office Group, Ltd. v. Kwilecki (Appellate Division of the Supreme Court of New York 1996)
- Trustco Bank New York v. S/N Precision Enterprises, Inc. (Appellate Division of the Supreme Court of New York 1996)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal, as limited
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiffs seek, inter alia, to recover damages for breach of a real estate contract. The defendants alleged as an affirmative defense that the action was time barred. The defendant Jerrold Gorelick, the president of the defendants Becca Construction Co., Inc. (hereinafter Becca), and Daremy Land Development Corp. (hereinafter Daremy), moved for summary judgment dismissing the complaint insofar as it is asserted against him individually, arguing that he is not liable to the plaintiffs in his individual capacity. In response, the plaintiffs argued that Gorelick is personally liable, under a theory of piercing the corporate veil, because Gorelick exercised complete dominion and control over Becca. Additionally, the plaintiffs sought to reach the assets of Daremy, which is partially owned and presided over by Gorelick. The plaintiffs allege that Gorelick used the two corporate forms to commit wrongdoing in the building and inspection of the subject houses (see, Matter of Morris v New York State Dept. of Taxation & Fin., 82 NY2d 135; Port Chester Elec. Constr. Corp. v Atlas, 40 NY2d 652). Moreover, the plaintiffs contend that even if the corporate form is not disregarded in this instance, Gorelick may still be held personally liable for tortious acts committed in his capacity as president of Becca and Daremy (see, Bellinzoni v Seland, 128 AD2d 580). By order dated June 23, 1995, the Supreme Court found that the action was not time barred. Moreover, the Supreme Court found that the plaintiffs advanced no basis upon which Gorelick may be held personally liable.
We affirm. It is well-settled that the party seeking to pierce the corporate veil has the burden of establishing that there is a basis to do so (Katz v N. Y. Tint Taxi Corp., 213 AD2d 599; see also, Marino v Dwyer-Berry Constr. Corp., 146 AD2d 750). Here, the plaintiffs failed to meet this burden. Specifically, the plaintiffs have not put forth any evidence to substantiate a claim that the two other shareholders of Becca and Daremy, James Kapler and David Steckel, were not acting in their corporate capacities as vice-president and construction supervisor, and treasurer and chief financial officer, respectively. In addition, the plaintiffs have not provided any evidence that
Moreover, the plaintiffs failed to submit sufficient proofs to substantiate their claims of tortious activity on the part of Gorelick sufficient to hold him personally liable for his acts as president of Becca and Daremy (see, Gottehrer v Viet-Hoa Co., 170 AD2d 648 ; Bellinzoni v Seland, 128 AD2d 580, supra). Accordingly, summary judgment dismissing the complaint as against Gorelick was proper.
The defendants’ contentions with regard to the timeliness of the action are not properly before us on this appeal, as the defendants have not taken a cross appeal from that portion of the Supreme Court’s order finding that the action was timely commenced. Mangano, P. J., Rosenblatt, Pizzuto and Hart, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.