In re Title Guarantee & Trust Co.

The motion of the appellants Reiss and Coal Contract Co., Inc., to vacate an order for an inquiry in discovery proceedings having been made upon the face of the petition solely, the allegations of the latter must be taken as true.

Although it is alleged that the corporation is wholly owned and controlled by Reiss, there is no attempt necessarily to pierce the veil of the corporate entity. The petition alleges that not only the corporation but Reiss himself paid moneys to petitioner’s agent in violation of section 439 of the Penal Law. Both appellants, therefore, must be deemed to have had and…