Appellate Division of the Supreme Court of New York, 2003

Berry Packing Corp. v. Atlantic Veal Corp.

Appellate Division of the Supreme Court of New York · Decided February 10, 2003

302 A.D.2d 417; 754 N.Y.S.2d 550

Cases that cite this one

3 later published cases cite this decision.

East Hampton Union Free School District v. Sandpebble Builders, Inc. (Appellate Division of the Supreme Court of New York 2009)
151 East Post Road Corp. v. Eubanks (Appellate Division of the Supreme Court of New York 2007)
Alpha Bytes Computer Corp. v. Slaton (Appellate Division of the Supreme Court of New York 2003)

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 enforce a guarantee, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kangs County (Barasch, J.), dated December 20, 2000, as denied those branches of its motion which were for summary judgment on the second and third causes of action on the issue of liability, and the defendants cross-appeal from so much of the same order as denied those branches of their motion which were for summary judgment dismissing the second and third causes of action.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

*418We agree with the Supreme Court that there are issues of fact as to whether any of the defendants so dominated the lessee corporation, Tri-Way Veal Packers, Inc. (hereinafter TriWay), as to justify piercing the corporate veil to hold them liable for a judgment against Tri-Way (see First Bank of Ams. v Motor Car Funding, 257 AD2d 287). Altman, J.P., Smith, McGinity and Townes, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.