Hedge Fund Capital Partners v. Thor Asset Management, Inc.

Order, Supreme Court, New York County (Richard B. Lowe, III, J.) entered November 15, 2010, which denied defendant-appellant Systematic Alpha Management LLC’s motion to dismiss the complaint, unanimously modified, on the law, to dismiss the second cause of action, for fraud, and otherwise affirmed, without costs.

The motion to dismiss was properly denied, as plaintiffs have adequately stated a cause of action to hold defendants liable for certain commissions under a theory of piercing the corporate veil (see Gateway I Group, Inc. v Park Ave. Physicians, P.C., 62 AD3d 141, 145-147 [2009]).

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