Total Facilities Services Corp. v. Biondolillo

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted summary judgment dismissing the complaint against defendant O’Hara. The record shows that the acts about which plaintiff complains were committed solely by defendant Biondolillo while he was an officer of defendant Buffalo General Agency, Inc. and O’Hara did not participate in those acts nor did he have actual knowledge of them (see, Marine Midland Bank v Russo Produce Co., 50 NY2d 31, 44; Ecuador Importadora-Exportadora Cia v ITF [Overseas] Corp., 94 AD2d 113, 116-117).

Furthermore, with reference to the…