Fourth Department - Liability of corporate officer: Canandaigua National Bank and Trust v. Acquest South Park, et al.

Daily Record Staff//February 21, 2020//

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Liability of corporate officer

Participation

Canandaigua National Bank and Trust v. Acquest South Park, et al.

CA 18-02154

Appealed from Supreme Court, Monroe County

Background: The defendant-third-party plaintiff appealed from an order that granted that part of the motion of third-party defendant seeking summary judgment dismissing a cross claim for wrongful eviction.

Ruling: The Appellate Division reversed. The court held that the third-party defendant had failed to establish that he cannot be held personally liable for the eviction at issue as he failed to demonstrate that he did not participate in the eviction.

Thomas F. Knab, of Underberg & Kessler, for the defendant-appellant and third-party plaintiff-appellant; R. Anthony Rupp, III, of Rupp Baase Pfalzagraf Cunningham, for the third-party defendant-respondent.