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C.H.A. DESIGN EXPORT (H.K.) LTD. v. MILLER

Index No. 152102/17. Appeal No. 12369. Case No. 2020-01992.

191 A.D.3d 459 (2021)

142 N.Y.S.3d 18

2021 NY Slip Op 00789

C.H.A. Design Export (H.K.) Ltd., Respondent, v. Alan Miller, Appellant, et al., Defendants.

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

Decided February 9, 2021.

Attorney(s) appearing for the Case

Sills Cummis & Gross, P.C., New York ( Matthew P. Canini of counsel), for appellant.

Louis Fogel & Associates, New York ( Louis Fogel of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Moulton, Mendez, JJ.

According to the First Amended Complaint, plaintiff C.H.A. Design Export (H.K.) Ltd. manufactures apparel and then sells it wholesale to distributers. Nonparty MM&R, Inc. (MMR) was one of those distributers and purchased apparel from plaintiff on credit. Defendant Alan Miller was an owner and/or officer of MMR, allegedly "controlled" MMR, and was plaintiff's primary contact. In 2011, MMR owed plaintiff an outstanding balance. Plaintiff alleges that Miller promised that...

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