HALLMARK CAPITAL CORP. v. COURTENAY

1440, 600897/01.

140 A.D.3d 497 (2016)

32 N.Y.S.3d 486

2016 NY Slip Op 04667

HALLMARK CAPITAL CORPORATION, Appellant, v. ADRIAN H. COURTENAY, III, Defendant, and MILL HOLLOW CORPORATION, Respondent.

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

Decided June 14, 2016.


As the corporate defendant was wholly owned by the individual defendant, and the two had been represented in this case by the same counsel for some 15 years, there is no issue as to the corporate defendant's authority to seek dismissal on behalf of the individual defendant (see U.S. Underwriters Ins. Co. v Greenwald, 31 Misc.3d 1206[A], 2010 NY Slip Op 52394[U], *5-6 [Sup Ct, NY County 2010], affd 82 A.D.3d 411 [1st Dept 2011...

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