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FCRC MODULAR, LLC v. SKANSKA MODULAR LLC

652721/14-5865 5864 5863.

159 A.D.3d 413 (2018)

73 N.Y.S.3d 25

2018 NY Slip Op 01399

FCRC MODULAR, LLC, et al., Respondents, v. SKANSKA MODULAR LLC et al., Appellants. SKANSKA MODULAR LLC et al., Third-Party Plaintiffs-Appellants, v. FOREST CITY RATNER COMPANIES, LLC, et al., Third-Party Defendants-Respondents. BERLIN ROSEN LTD. et al., Nonparty Respondents.

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

Decided March 1, 2018.

The motion court correctly dismissed appellants' counterclaims and third-party claims for breach of the Limited Liability Company Agreement (LLC Agreement) between plaintiff FCRC Modular, LLC (FCRC Modular) and defendant/third-party plaintiff Skanska Modular LLC (Skanska Modular). Initially, we reject appellants' veil-piercing arguments and decline to treat plaintiffs and third-party defendants as alter egos of each other (see...

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