Nercessian v. Homasian Carpet Enterprises, Inc.

O’Connor, J.,

dissents and votes to reverse the judgment, grant judgment in favor of the plaintiff on the issue of liability and remit for a trial on damages, with the following memorandum: Plaintiff brought this action as the executrix of the estate of Thomas Thomasian, who had conducted a retail carpet business under the name of “Thomasian Carpets” in Westchester County since 1940. In 1971, about two years before he died, the business was incorporated as Thomasian Carpets, Inc., with decedent as the sole shareholder. On April 2, 1974, acting on behalf of both the estate and the corporation,…