Appellate Division of the Supreme Court of New York, 2011

Geron v. Amritraj

Appellate Division of the Supreme Court of New York · Decided March 1, 2011

82 A.D.3d 404; 917 N.Y.2d 855

Cases that cite this one

3 later published cases cite this decision.

69 Second Ave. LLC v. 87 E. 4th St. Rest., Inc. (New York Supreme Court, New York County 2024)
McDonald v. McBain (Appellate Division of the Supreme Court of New York 2012)
McDonald v. McBain (Appellate Division of the Supreme Court of New York 2012)

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

The court erred to the extent it found that issues of fact *405remain as to whether defendant was personally liable for obligations incurred pursuant to the agreement for legal services he entered into with the now dissolved law firm. As a promoter executing a contract on behalf of nonexistent corporate entities, defendant’s personal liability under the agreement is presumed, and the plain language of the agreement here cannot be read to have absolved defendant of such personal liability (see Grutman v Katz, 202 AD2d 293 [1994]; Clinton Invs. Co., II v Watkins, 146 AD2d 861 [1989]).

In view of defendant’s receipt and retention of plaintiff s final invoice dated December 18, 2008 without reasonably timely objection, defendant had no viable defense to plaintiff s claim to recover on an account stated (see Fleming v Vassallo, 43 AD3d 278 [2007]; Bartning v Bartning, 16 AD3d 249 [2005]). Concur— Gonzalez, EJ., Tom, Andrias, Renwick and Abdus-Salaam, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.