NEW YORK WHEEL OWNER, LLC v. MAMMOET HOLDING B.V.

Index No. 656661/20. Appeal No. 16046. Case No. 2022-00356.

205 A.D.3d 651 (2022)

167 N.Y.S.3d 387

2022 NY Slip Op 03480

New York Wheel Owner, LLC, Respondent, v. Mammoet Holding B.V., Appellant.

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

Decided May 31, 2022.


Attorney(s) appearing for the Case

Dentons US LLP, New York ( Anthony B. Ullman of counsel), for appellant.

Friedman Kaplan Seiler and Adelman LLP, New York ( Hunter Mims of counsel), and Eichmann, P.C., Los Angeles, CA ( John Jeffrey Eichmann of the bar of the State of California, admitted pro hac vice, of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Singh, Moulton, Kennedy, JJ.


In this action arising out of the failed project to construct an observation wheel on the Staten Island waterfront, plaintiff, the developer of the project, alleges a breach of contract claim against defendant Mammoet Holding BV, as the alter ego of the nominal contracting party, known as the design build team (DBT). Applying Delaware law, plaintiff sufficiently alleges that defendant was a parent company of DBT, which was undercapitalized, failed to observe corporate formalities...

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