Legal Opinion

Delagrange v. Payard

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

Decided October 10, 2013PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered November 29, 2012, which granted defendant Payard’s motion for summary judgment dismissing the complaint as against him, unanimously affirmed, with costs.

Plaintiffs claims against Payard, whether asserted individually or on behalf of In-Tent Restaurant Ltd., were correctly dismissed because there is no evidence that Payard ever acted outside the scope of his role as representative of FR Venture Inc., the managing member of In-Tent (see Retropolis, Inc. v 14th St. Dev. LLC, 17 AD3d 209 [1st Dept 2005]; Mendez v City of New…

2Cases cited6 opinions

  1. Murtha v. Yonkers Child Care Ass'nNew York Court of Appeals · 1978
  2. MatlinPatterson ATA Holdings LLC v. Federal Express Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Retropolis, Inc. v. 14th Street Development LLCAppellate Division of the Supreme Court of the State of New York · 2005
  4. Financial Structures Ltd. v. UBS AGAppellate Division of the Supreme Court of the State of New York · 2010
  5. Mendez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Diaz-Pascall v. PereiraAppellate Division of the Supreme Court of the State of New York · 2021
  2. Golub v. Modern Yachts, LLCAppellate Division of the Supreme Court of the State of New York · 2025

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