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MORNINGSIDE FUEL CORP. v. ASSOCIATED FUEL OIL, INC.

34 A.D.3d 299 (2006)

824 N.Y.S.2d 86

MORNINGSIDE FUEL CORP. et al., Respondents, v. ASSOCIATED FUEL OIL, INC., et al., Defendants, and EMIL FRIEDMAN, Appellant.

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

Decided November 14, 2006.

Assuming, arguendo, that Associated's corporate veil could be pierced to reach a nonshareholder (cf. Matter of Morris v New York State Dept. of Taxation & Fin., 82 N.Y.2d 135, 142 [1993]); see M&A Oasis v MTM Assoc., 307 A.D.2d 872, 874 [2003]), we reject that theory of liability because it is not alleged in the complaint and, moreover, is not supported by evidence tending to show...

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