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M.L. WEINER & ASSOCIATES, LTD. v. S.I.K. SALES CORP.

4 A.D.3d 177 (2004)

771 N.Y.S.2d 884

M.L. WEINER & ASSOCIATES, LTD., et al., Respondents, v. S.I.K. SALES CORP., Defendant, and BRUCE KIRSCHBAUM et al., Appellants.

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

February 17, 2004.

The motion court properly concluded that it is not clear as a matter of law that the moving defendants signed the subject sales repayment agreement, pursuant to which plaintiffs allege they are jointly and severally bound, only on the corporate defendant's behalf and not in their individual capacities. Accordingly, their motion to dismiss the complaint as against them pursuant to CPLR 3211 (a) (1) and (5) was properly denied (see Leon v Martinez, 84...

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