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ULLMAN v. HILLYER

10154, 110068/11.

106 A.D.3d 579 (2013)

965 N.Y.S.2d 711

2013 NY Slip Op 3616

JONATHAN ULLMAN, Appellant, v. KAZUKO HILLYER, Respondent.

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

Decided May 21, 2013.

The court properly dismissed plaintiff's complaint pursuant to CPLR 3211 (a) (3). Plaintiff improperly brought this action in his individual capacity to recover damages on behalf of the nonparty not-for-profit corporation he founded (see generally Abrams v Donati, 66 N.Y.2d 951 [1985]). In any event, to the extent that plaintiff alleges an individual harm, defendant's representations concerning her future intent to perform or her...

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