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VUE MANAGEMENT, INC. v. PHOTO ASSOCIATES

4356, 602886/08.

81 A.D.3d 569 (2011)

917 N.Y.S.2d 569

VUE MANAGEMENT, INC., Appellant, v. PHOTO ASSOCIATES et al., Respondents.

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

Decided February 24, 2011.

Plaintiff failed to rebut the individual defendants' prima facie showing that to the extent they engaged in the alleged underlying contractual relationship, they did so solely as corporate representatives. Therefore, they could not be held liable in their individual capacities (see Murtha v Yonkers Child Care Assn., 45 N.Y.2d 913, 915 [1978]; Do Gooder Prods., Inc. v American Jewish Theatre, Inc., 

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