KETER PUBL'G, LTD. v. SHAPOLSKY


189 A.D.2d 591 (1993)

Keter Publishing, Ltd., Appellant, v. Ian Shapolsky, Respondent

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

January 7, 1993


The record shows a course of dealing between the parties in which defendant's name and the name of his eponymous business, both with and without the designation "Inc.", were used without real attention to the distinctions among the individual, trade and corporate names. Additionally, the subject instrument is ambiguous as to whether the liability undertaken was that of defendant individually or the corporation bearing his name. For this reason, we agree with the IAS

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