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EASTERN CONCRETE MATERIALS, INC./NYC CONCRETE MATERIALS v. DeROSA TENNIS CONTRS., INC.

1157, 303005/12.

139 A.D.3d 510 (2016)

33 N.Y.S.3d 164

2016 NY Slip Op 03828

EASTERN CONCRETE MATERIALS, INC./NYC CONCRETE MATERIALS, Respondent, v. DeROSA TENNIS CONTRACTORS, INC. et al., Defendants, and DeROSA SPORTS CONSTRUCTION, INC., Appellant.

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

Decided May 17, 2016.

Plaintiff had a contract with defendant DeRosa Tennis Contractors, Inc. (DeRosa Tennis), which is owned 50% by defendant Thomas DeRosa (Thomas) and 50% by nonparty Angelo Pugliese. DeRosa Tennis failed to pay the amount due plaintiff, whereupon plaintiff sued not only DeRosa Tennis, but also — as relevant to this appeal — Thomas and DeRosa Sports. DeRosa Sports is wholly owned by nonparty Mathew DeRosa (Mathew), Thomas's son. Neither Thomas nor Pugliese is an...

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