In a July 27, 2010 decision by Justice Pines, plaintiff sued corporate and individual defendants for recovery of amounts due for goods sold and delivered to defendant in the amount of $317,294.87. The Complaint alleged claims for goods sold and delivered, fraudulent inducement, unjust enrichment, quantum meruit and punitive damages. Individual defendant Adam Cohen answered and moved for summary judgment. In considering the motion, the Court noted that the Second Department had recently reaffirmed the general principle that a corporation exists independent of its owners who are not personally liable for its obligations. The Court went on to conclude that plaintiff had not established sufficient evidence to pierce the corporate veil to hold Mr. Cohen individually liable. Accordingly, the Court dismissed the Complaint against the individual.
Lecce Penn Co., S.P.A. v. Adrenaline Marketing & Promotions, Inc., Sup Ct, Suffolk County, July 27, 2010, Pines, J, Index No. 14531-2008.