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BLOUNT v. BOVIS LEND LEASE LMB, INC.

49 A.D.3d 293 (2008)

853 N.Y.S.2d 53

HENRY BLOUNT, Appellant, v. BOVIS LEND LEASE LMB, INC., Defendant, and SJP PROPERTIES, INC., Doing Business as SJP PROPERTIES COMPANY, Respondent.

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

Decided March 6, 2008.

Plaintiff failed to demonstrate that defendant so completely controls SJP Residential, a related limited liability company formed in 2004 specifically to develop New York residential property, as to render SJP Residential a "mere department" of defendant (see Delagi v Volkswagenwerk AG of Wolfsburg, Germany, 29 N.Y.2d 426, 432 [1972]). The only evidence in the record as to whether there is common ownership of the two entities indicates...

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