Legal Opinion

Martinello v. Tomitz

Appellate Division of the Supreme Court of the State of New York

Decided May 27, 2015No. 2013-09909Published

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Spinner, J.), dated August 1, 2013, which granted the defendants’ motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the defendants’ motion which were pursuant to CPLR 3211 (a) (7) to dismiss the causes of action other than those which sought to impose liability upon the defendants on the theory of piercing the corporate veil of nonparty Lindy’s…

2Cases cited2 opinions

  1. Khan v. MMCA Lease, Ltd.Appellate Division of the Supreme Court of the State of New York · 2012
  2. Rathje v. TomitzAppellate Division of the Supreme Court of the State of New York · 2015

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