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TEACHERS INSURANCE ANNUITY ASSOCIATION OF AMERICA v. COHEN'S FASHION OPTICAL OF 485 LEXINGTON AVENUE, INC.

45 A.D.3d 317 (2007)

847 N.Y.S.2d 2

TEACHERS INSURANCE ANNUITY ASSOCIATION OF AMERICA et al., Respondents, v. COHEN'S FASHION OPTICAL OF 485 LEXINGTON AVENUE, INC. et al., Appellants, et al., Defendants.

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

Decided November 8, 2007.

The court correctly denied defendants' motion to dismiss plaintiffs' first and second cause of action seeking to pierce the corporate veil of defendant Cohen's Fashion Optical of 485 Lexington Avenue, Inc. (C-485) and hold the corporate parent, Cohen Fashion Optical, Inc. (C-Parent), liable for the breach of lease. In order to pierce the corporate veil, plaintiffs must show that (1) C-Parent exercised complete domination and control with respect to the transaction attacked...

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