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BRANDSWAY HOSPITALITY, LLC v. DELSHAH CAPITAL LLC

Index No. 652637/13. Appeal No. 240. Case No. 2022-04043.

216 A.D.3d 486 (2023)

190 N.Y.S.3d 10

2023 NY Slip Op 02586

Brandsway Hospitality, LLC, Also Known as Brandsway Hospitality, Appellant, v. Delshah Capital LLC, Respondent. Michael J. Shah, Nonparty Respondent.

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

Decided May 11, 2023.

Attorney(s) appearing for the Case

Fishman Decea & Feldman, Armonk ( Thomas B. Decea of counsel), for appellant.

Woods Oviatt Gilman LLP, Buffalo ( William F. Savino of counsel), for respondents.

Concur—Oing, J.P., Singh, González, Kennedy, Scarpulla, JJ.

Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered on or about January 10, 2022, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for leave to file a fourth amended complaint to add a second cause of action to pierce the corporate veil of defendant and hold its principal, nonparty Michael J. Shah, liable for breach of contract, unanimously affirmed, with costs.

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