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SKYLINK TRAVEL, INC. v. JAIN HOLDINGS LLC

651528/17. Appeal No. 12584. Case No. 2020-01485.

189 A.D.3d 517 (2020)

133 N.Y.S.3d 802

2020 NY Slip Op 07478

Skylink Travel, Inc., Appellant, v. Jain Holdings LLC et al., Respondents.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

Archer & Greiner, P.C., New York ( Michael J. Lauricella of counsel), for appellant.

Law Office of Meng Michelle Cheng, Long Island City ( Meng Cheng of counsel), for respondents.

Concur—Friedman, J.P., Kapnick, Webber, Kern, Singh, JJ.

The motion court erred in dismissing the contract claims against defendant Shenil Jain. While defendant Shenil Jain signed the agreement as owner of the company, there was also "clear and explicit evidence of [defendant Shenil Jain's] intention" to be personally liable (see Paribas Props. v Benson, 146 A.D.2d 522, 525 [1st Dept 1989]). The provision initialed by defendant Shenil Jain unambiguously provided that he would be personally...

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