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NEW CASTLE SIDING CO., INC. v. WOLFSON

63 N.Y.2d 782 (1984)

New Castle Siding Company, Inc., Plaintiff, v. Horace Wolfson et al., Defendants, and Waynett A. Sobers, Jr., Appellant, and David Smith, Respondent.

Court of Appeals of the State of New York.

Decided October 9, 1984.

Attorney(s) appearing for the Case

Lawrence A. Cohen and Gilbert S. Isaac for appellant.

Emanuel Thebner and Elizabeth M. Hecht for respondent.

Chief Judge COOKE and Judges JASEN, JONES, MEYER, SIMONS and KAYE concur; Judge WACHTLER taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Appellant, whose cross claim is asserted in his individual capacity, seeks to recover for the delinquent taxes and penalties he has paid on behalf of the corporation and for loans made to the corporation above and beyond his initial investment. The former were made in appellant's capacity as an officer or employee of the corporation (see...

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