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SOLOW v. NEW NORTHERN BROKERAGE FACILITIES, INC.

255 A.D.2d 198 (1998)

680 N.Y.S.2d 92

Sheldon H. Solow, Doing Business as Solow Realty & Development Co., Appellant, v. New Northern Brokerage Facilities, Inc., et al., Respondents

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

November 17, 1998

The action was properly dismissed as against the individual defendant upon moving papers showing that, in dealing with plaintiff and handling plaintiff's business, the individual defendant acted at all times as a corporate representative, not in his individual capacity (see, Walkovszky v Carlton, 18 N.Y.2d 414, 417), and opposition papers that fail to show, or even allege, any specific breaches of fiduciary duty or tortious...

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