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Ross v. Jill Stuart International Ltd.

275 A.D.2d 650 Court N.Y. App. Div. Decision date 2000-09-26 English

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p. 650
Vicky Ross et al., Respondents, v Jill Stuart International Ltd., et al., Appellants, et al., Defendant.
[713 NYS2d 324]

—Order, Supreme Court, New York County (Herman Cahn, J.), entered April 10, 2000, which, in an action for, inter alia, breach of contract, insofar as appealed from, denied defendants-appellants’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, with costs.

p. 651
There is no merit to defendants-appellants’ argument that claims based on their alleged alter-ego relationship with the codefendant may not be asserted against them before there has been a finding of liability as against the codefendant (see, Chase Manhattan Bank v 264 Water St. Assocs., 174 AD2d 504 , 505). In addition, the IAS Court, appropriately noting that the individual who appears to control all of the defendants was recently found to have defrauded a creditor in an unrelated action, properly refused to dismiss the action as against defendants-appellants at this juncture, prior to disclosure (see, First Bank v Motor Car Funding, 257 AD2d 287 , 293-294), on the basis of that individual’s unsubstantiated representations that defendants-appellants are independent of the codefendant and have no connection to the transactions in issue. Concur — Lerner, J. P., Andrias, Saxe, Buckley and Friedman, JJ.

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