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LIEBERMAN v. PAPPAS

1557, 651402/12.

140 A.D.3d 588 (2016)

33 N.Y.S.3d 697

2016 NY Slip Op 05042

JON SCOTT LIEBERMAN et al., Appellants, v. TIMOTHY A. PAPPAS et al., Respondents.

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

Decided June 23, 2016.

The record demonstrates that defendant Timothy Pappas dominated defendant Trans Sport Racing LLC, and there is evidence that Pappas abused the corporate form first to induce plaintiff Jon Lieberman to advance money for the race car operation and later to shield assets from Lieberman. Moreover, there is evidence that Pappas moved funds among various of his entities without justification. Thus, an issue of fact exists as to whether...

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