Ullman v. Hillyer

—Order, Supreme Court, New York County (Paul Wooten, J.), entered October 16, 2012, which granted defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.

The court properly dismissed plaintiffs complaint pursuant to CPLR 3211 (a) (3). Plaintiff improperly brought this action in his individual capacity to recover damages on behalf of the nonparty not-for-profit corporation he founded (see generally Abrams v Donati, 66 NY2d 951 [1985]). In any event, to the extent that plaintiff alleges an individual harm, defendant’s representations concerning her future intent to…