Milistar NY Inc. v. Natasha Diamond Jewelry Manufacturers, LLC
Opinion of the Court
Defendant Hershko’s affidavit, offering only bald allegations of oral protest to plaintiffs invoices, was insufficient to defeat plaintiff’s entitlement to summary judgment on an account stated, and the documentary evidence failed to substantiate defendants’ claim that the invoices did not accurately set forth credits to which defendants were entitled (Manhattan Telecom. Corp. v Best Payphones, 299 AD2d 178 [2002]). As to Hershko’s liability, the evidence in the record establishes that defendant Natasha was not a legal corporation, but rather a mere alter ego of Hershko, and the corporation’s debt should thus be imputed to Hershko individually (see Artech Info. Sys. v Tee, 280 AD2d 117 [2001]). Concur—Andrias, J.P., Friedman, Marlow, Nardelli and Williams, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.