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PARK ARMORY LLC v. ICON PARKING SYS. LLC

Index No. 656282/19. Appeal No. 15418. Case No. 2020-04685.

203 A.D.3d 442 (2022)

160 N.Y.S.3d 600

2022 NY Slip Op 01398

Park Armory LLC, Respondent, v. Icon Parking Systems LLC et al., Appellants.

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

Decided March 3, 2022.

Attorney(s) appearing for the Case

Melito & Adolfsen P.C., New York ( John H. Somoza of counsel), for appellants.

Cervini Swanson LLP, New York ( Scott L. Swanson of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Singh, Scarpulla, Higgitt, JJ.

Plaintiff failed to allege facts sufficient to hold defendants Icon Parking Systems LLC (Icon) and Citizens Icon Holdings LLC (Citizens) (together Icon defendants) liable under an alter ego or veil-piercing theory. The allegations that those defendants controlled and dominated defendant Park Armory Management LLC (PAM) for the purpose of abusing PAM's corporate form in order to divest assets from plaintiff for their benefit are conclusory. The allegations that the Icon defendants...

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