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BRASSTACKS ALLIANCE LLC v. LEWIS

Index No. 653945/16. Appeal No. 15516. Case No. 2020-04591.

203 A.D.3d 509 (2022)

161 N.Y.S.3d 765

2022 NY Slip Op 01734

Brasstacks Alliance LLC, Respondent, v. Phoebe Lewis et al., Appellants.

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

Decided March 15, 2022.

Attorney(s) appearing for the Case

Sutton Sachs Meyer PLLC, New York ( Zachary G. Meyer of counsel), for appellants.

Michael B. Kramer & Associates, New York ( Artemis Croussouloudis of counsel), for respondent.

Concur—Gische, J.P., Kern, González, Shulman, Higgitt, JJ.

Plaintiff proved the breach claims against defendant Lewis in her individual capacity (see McDonald v McBain, 99 A.D.3d 436 [1st Dept 2012], lv denied 21 N.Y.3d 854 [2013]). Contrary to Lewis's argument, the court properly declined to find that, under the circumstances here, plaintiff, which had obtained a default judgment against Pont Neuf, Inc. in a prior action, was precluded from asserting...

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