Colucci v. AFC Construction
Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the defendant Anthony F. Catanzaro appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Fitts, J.), dated IVlarch 5, 2007, as denied that branch of his motion which was for summary judgment dismissing the complaint insofar as asserted against him individually.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant Anthony F. Catanzaro individually is granted.
Contrary to the determination of the Supreme Court, the plaintiffs failed to submit sufficient evidence to raise a triable issue of fact as to the personal liability of the defendant Anthony F. Catanzaro in opposition to Catanzaro’s prima facie showing of entitlement to summary judgment (see generally Zuckerman v City of New York, 49 NY2d 557 [1980]). Catanzaro demonstrated that the construction contract at issue was solely between the plaintiffs as property owners and the defendant Southbayview Construction Corporation (hereinafter Southbayview), Catanzaro’s closely-held corporation. The text of the
The plaintiffs similarly failed to raise an issue of fact as to whether Catanzaro abused the corporate form in order to commit a wrong which injured them, so as to warrant the piercing of Southbayview’s corporate veil in order to hold him personally liable (see generally TNS Holdings v MKI Sec. Corp., 92 NY2d 335, 339-340 [1998]; Matter of Morris v New York State Dept. of Taxation & Fin., 82 NY2d 135, 140-144 [1993]; Matter of Goldman v Chapman, 44 AD3d 938, 940 [2007]; Treeline Mineola, LLC v Berg, 21 AD3d 1028, 1029 [2005]).
The plaintiffs’ remaining contentions are without merit. Mastro, J.E, Dillon, Eng and Belen, JJ., concur. [See 2007 NY Slip Op 30052(11).]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.