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SHIPLEY MILLER v. COHEN

6947, 111380/09.

93 A.D.3d 424 (2012)

939 N.Y.S.2d 424

2012 NY Slip Op 1570

HARVEY S. SHIPLEY MILLER, as Trustee of the Trust Known as JUDITH ROTHSCHILD FOUNDATION, Appellant, v. TODD COHEN et al., Defendants, and MARTIN COHEN et al., Respondents.

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

Decided March 1, 2012.

Movants failed to sustain their burden of demonstrating that Icon Group, against which plaintiff obtained a judgment in a prior action, was not their alter ego, that the corporate formalities were observed, and that they were solely investors in projects developed by Icon Group. Icon Group's principals testified that it did not have an independent source of funds and that its investment decisions were dependent on funding from movants...

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