Legal Opinion
Olympus America, Inc. v. 5th Avenue Photo Inc.
Civil Court of the City of New York
Decided September 6, 2002PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Lucy Billings, J.
Defendant Bouskila moves to dismiss the complaint against him. He maintains that plaintiff has no claim against him individually for a corporate obligation based on a contract between plaintiff and the corporate defendant. (GPLR 3211 [a] [7].)
*753Plaintiff concedes that defendant Bouskila never personally guaranteed payment under plaintiff’s alleged contract with defendant 5th Avenue Photo Inc. When Bouskila entered the contract acting on the corporation’s behalf, however, 5th Avenue Photo Inc. had been dissolved as of June 26, 1996, pursuant to the New York…
2Cases cited12 opinions
- Brandes Meat Corp. v. CromerAppellate Division of the Supreme Court of the State of New York · 1989
- Lorisa Capital Corp. v. GalloAppellate Division of the Supreme Court of the State of New York · 1986
- WorldCom, Inc. v. SandovalNew York Supreme Court · 1999
- Bowditch v. 57 Laight Street Corp.New York Supreme Court · 1981
- Rubinstein Bros. v. Olé of 34th Street, Inc.Civil Court of the City of New York · 1979
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3Cited by3 opinions
- Flushing Plaza Associates 2 v. AlbertAppellate Division of the Supreme Court of the State of New York · 2006
- Nigro v. DwyerDistrict Court, S.D. New York · 2006
- Lodato v. Greyhawk North AmericaNew York Supreme Court · 2005