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DCA ADVERTISING, INC. v. THE FOX GROUP, INC

2 A.D.3d 173 (2003)

769 N.Y.S.2d 514

DCA ADVERTISING, INC., Appellant, v. THE FOX GROUP, INC., et al., Respondents.

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

December 9, 2003.

As the motion court found, there were issues of fact as to whether The Fox Group dominated the other defendant, Your Health. However, "[e]vidence of domination alone does not suffice without an additional showing that it led to inequity, fraud or malfeasance" (TNS Holdings v MKI Sec. Corp., 92 N.Y.2d 335, 339 [1998]). The IAS court properly granted The Fox Group's motion for summary judgment because plaintiff failed to present evidence...

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