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SCHNELL CONTR. SYS. L.L.C. v. EMPIRE OUTLET BLDRS. LLC

Index No. 150619/20. Appeal No. 14435. Case No. 2021-01563.

198 A.D.3d 548 (2021)

152 N.Y.S.3d 812

2021 NY Slip Op 05796

Schnell Contracting Systems L.L.C., Formerly Known as Schnell Contracting Services L.L.C., Respondent, v. Empire Outlet Builders LLC, Care of BFC Partners Development LLC, et al., Appellants, et al., Defendants.

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

Decided October 21, 2021.

Attorney(s) appearing for the Case

Silverman Shin & Byrne PLLC, New York ( Andrew V. Achiron of counsel), for appellants.

Virginia & Ambinder, LLP, New York ( John M. Harras of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Kern, Oing, Kennedy, JJ.

The amended complaint asserts that the individual defendants controlled and owned defendants Empire Outlet Builders LLC c/o BFC Partners Development LLC and St. George Outlet Development LLC c/o BFC Partners, L.P. To support this allegation, plaintiff asserts that although Empire Builders and St. George had different organization formation documents, they effectively operated as a single integrated company, under the umbrella of BFC Partners, with both companies controlled...

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