Majority
p. 650Vicky 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.
Cases cited
- Chase Manhattan Bank v. 264 Water Street Associates 174 AD2d 504 at 505 p. 651
- First Bank of the Americas v. Motor Car Funding, Inc. 257 AD2d 287 at 293-294 p. 651