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DAVIS v. RICHMOND CAPITAL GROUP, LLC

Index No. 656346/18. Appeal Nos. 13843N, 13843NA. Case No. 2020-01400N.

194 A.D.3d 516 (2021)

2021 NY Slip Op 03111

James Davis, II, et al., Respondents, v. Richmond Capital Group, LLC, et al., Defendants, and Influx Capital Group, LLC, Also Known as Influx Capital, LLC, et al., Appellants.

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

Decided May 13, 2021.

Attorney(s) appearing for the Case

Law Office of Jeffrey Fleischmann PC, New York ( Jeffrey Fleischmann of counsel), for Jonathan Braun, appellant.

Jacobowitz Newman Tversky LLP, Cedarhurst ( Nathan Cohen of counsel), for Influx Capital Group, LLC, GTR Source, LLC, Addy Source, LLC, TSVI Reich and TZVI Davis, appellants.

Colonna Cohen Law, Brooklyn ( Ashlee V. Colonna Cohen of counsel), for respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Kennedy, Shulman, JJ.

The contract causes of action (first and seventh) should be dismissed as against the individual defendants (Braun, Reich, and Steven Davis), because they are not parties to the subject Merchant Cash Advance (MCA) agreements and plaintiffs failed to allege facts sufficient to support piercing the corporate veil (see East Hampton Union Free School Dist. v Sandpebble Bldrs., Inc., 66 A.D.3d 122, 126-127 [2d Dept 2009], affd ...

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