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EMPIRE ERECTORS AND ELEC. CO., INC. v. MOGUL MEDIA, INC.

8797, 305251/12.

170 A.D.3d 586 (2019)

94 N.Y.S.3d 849

2019 NY Slip Op 02283

Empire Erectors and Electrical Co., Inc., Appellant, v. Mogul Media, Inc., Individually and Doing Business as Mogul Media II, et al., Respondents.

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

Decided March 26, 2019.

Even accepting plaintiff's position that the individual defendant (Malik) requested that plaintiff perform the work in question, the evidence shows this was only in Malik's corporate capacity (see Salzman Sign Co. v Beck, 10 N.Y.2d 63, 67 [1961]). The few invoices plaintiff presented in opposition that were billed to the individual defendant related to other projects more than a decade...

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