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LANCER & LOADER GROUP, LLC v. AMERICAN TACK & HARDWARD CO., INC.

651594/2017. Appeal No. 12043-12044. Case No. 2019-3345(2).

187 A.D.3d 507 (2020)

130 N.Y.S.3d 305

2020 NY Slip Op 05684

Lancer & Loader Group, LLC, Respondent, v. American Tack & Hardward Co., Inc., Appellant.

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

Decided October 13, 2020.

Under the plain terms of the two agreements at issue, liability for breach of the personal consulting contract executed by plaintiff's principal in his personal capacity could not be imposed on plaintiff (see W.W.W. Assoc. v Giancontieri, 77 N.Y.2d 157, 162-163 [1990]). Plaintiff agreed to be liable only for agreements to which it was a party, and it was not a party to the consulting contract.

Defendant's argument that CPLR...

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