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COLON v. 251 LEXINGTON I LLC

Index No. 21930/19E. Appeal Nos. 14898-14898A. Case Nos. 2021-02143, 2021-02144.

200 A.D.3d 573 (2021)

155 N.Y.S.3d 755

2021 NY Slip Op 07077

Marcos Colon, Respondent, v. 251 Lexington I LLC, Defendant, and Y Properties Holdings, LLC, Appellant.

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

Decided December 21, 2021.

Attorney(s) appearing for the Case

Molod Spitz & DeSantis, P.C., New York ( Marcy Sonneborn of counsel), for appellant.

Stephen B. Kaufman, P.C., Bronx ( John V. Decolator of counsel), for respondent.

Concur—Oing, J.P., Singh, Scarpulla, Pitt, JJ.

Defendant Y Properties failed to submit documentary evidence sufficient to conclusively establish that it is the alter ego of plaintiff's employer, nonparty Yeshiva University, at this pre-answer stage (see Correa v Orient-Express Hotels, Inc., 84 A.D.3d 651 [1st Dept 2011]; CPLR 3211[a][1]). Rather, it presents issues as to Yeshiva's control over Y Properties or whether the parties function as a single entity (cf. Carty v East...

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