TOTAL FACILITIES SERVS. CORP. v. BIONDOLILLO


192 A.D.2d 1113 (1993)

598 N.Y.S.2d 747

Total Facilities Services Corporation, Appellant, v. Ray C. Biondolillo, Jr., et al., Defendants, and Buffalo General Agency, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 14, 1993


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted summary judgment dismissing the complaint against defendant O'Mara. The record shows that the acts about which plaintiff complains were committed solely by defendant Biondolillo while he was an officer of defendant Buffalo General Agency, Inc. and O'Mara did not participate in those acts nor did he have actual knowledge of them (see, Marine Midland Bank v Russo Produce...

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