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SOUTH COLL. ST., LLC v. ARES CAPITAL CORP.

Index No. 655045/19. Appeal No. 14561-14562-14562A. Case No. 2020-03205. 2021-01537. 2021-01538.

199 A.D.3d 431 (2021)

156 N.Y.S.3d 194

2021 NY Slip Op 06064

South College Street, LLC, Appellant, v. Ares Capital Corporation, Respondent.

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

Decided November 4, 2021.

Attorney(s) appearing for the Case

Troutman Pepper Hamilton Sanders LLP, New York ( Matthew J. Aaronson of counsel), for appellant.

Friedman Kaplan Seiler & Adelman LLP, New York ( Stan Chiueh of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Kapnick, Kennedy, Mendez, JJ.

Plaintiff seeks to enforce a 2019 judgment for unpaid rent under a lease guaranteed by nonparty Infilaw Corporation (Debtor) by setting aside, as fraudulent, payments made to defendant by nonparty Infilaw Holding, LLC (Holdco), on the theory that Holdco is Debtor's alter ego. The motion court correctly determined that, under applicable Delaware law, plaintiff failed to state an alter ego claim, because it did not allege facts that...

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