Legal Opinion · Concurrence

Grigsby v. Francabandiero

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

Decided July 7, 2017No. 808 CA 17-00122Published

1ConcurrenceCurran, J.

I concur with the result reached by the majority and with the analysis of my colleagues, but I write separately to underscore what, in my view, is an underdeveloped issue in this area of the law. In order to pierce the corporate veil, a plaintiff must show that “(1) the owners exercised complete domination of the corporation in respect to the transaction attacked; and (2) that such domination was used to commit a fraud or wrong against the plaintiff which resulted in plaintiff’s injury” (Matter of Morris v New York State Dept. of Taxation & Fin., 82 NY2d 135, 141 [1993]). “Additionally, ‘the…

2Cases cited7 opinions

  1. Morris v. New York State Department of Taxation & FinanceNew York Court of Appeals · 1993
  2. Lally v. Catskill Airways, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
  3. Williams v. Lovell Safety Management Co.Appellate Division of the Supreme Court of the State of New York · 2010
  4. Guilder v. Corinth Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1997
  5. M&A Oasis, Inc. v. MTM AssociatesAppellate Division of the Supreme Court of the State of New York · 2003

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