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Frederick v. Lansdown Investors of N.Y., Inc.

Appellate Division of the Supreme Court of New York, First Department
Jun 18, 1996
228 A.D.2d 300 (N.Y. App. Div. 1996)

Opinion

June 18, 1996

Appeal from the Supreme Court, New York County (Carol Arber, J.).


The motion court properly found defendant-appellant estopped from denying its status as employer of the codefendant "bouncers" at the Limelight Club, since it misled plaintiffs and never revealed the identity of the owner during a court-ordered pre-action deposition held on the eve of the expiration of the Statute of Limitations. Plaintiffs accepted and relied upon such express and implied admissions ( see, BWA Corp. v. Alltrans Express U.S.A., 112 A.D.2d 850, 853). Summary judgment was also properly denied based upon the existence of questions of fact with respect to the identity of the individual defendants' employer and the nature of the various corporate relationships among appellant, the Limelight Club and the other corporations presented at various times as the owner of the club. Knowledge of material facts pertaining to whether the corporate veil should be pierced lies peculiarly with defendant-appellant and requires further disclosure ( see, Arroyo v. Fourteen Estusia Corp., 186 A.D.2d 476).

Concur — Sullivan, J.P., Milonas, Ross, Tom and Mazzarelli, JJ.


Summaries of

Frederick v. Lansdown Investors of N.Y., Inc.

Appellate Division of the Supreme Court of New York, First Department
Jun 18, 1996
228 A.D.2d 300 (N.Y. App. Div. 1996)
Case details for

Frederick v. Lansdown Investors of N.Y., Inc.

Case Details

Full title:PHILLIP D. FREDERICK et al., Respondents, v. LANSDOWN INVESTORS OF NEW…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 18, 1996

Citations

228 A.D.2d 300 (N.Y. App. Div. 1996)
644 N.Y.S.2d 202

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