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TRIGON 52 L.L.C. v. SDKD ENTERS., INC.

Index No. 655105/20. Appeal No. 15626. Case No. 2021-03943.

203 A.D.3d 683 (2022)

166 N.Y.S.3d 18

2022 NY Slip Op 02217

Trigon 52 L.L.C., Appellant-Respondent, v. SDKD Enterprises, Inc., et al., Respondents-Appellants.

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

Decided March 31, 2022.

Attorney(s) appearing for the Case

Cyruli Shanks & Zizmor LLP, New York (James E. Schwartz of counsel), for appellant-respondent.

Stradley Ronon Stevens & Young, LLP, New York (Eric B. Porter of counsel), for respondents-appellants.

Concur—Gische, J.P., Oing, Scarpulla, Shulman, Higgitt, JJ.

In this action for breach of a commercial lease and unpaid rent, plaintiff landlord failed to establish as a matter of law that the parties' 2015 lease modification was not part of the corporate defendant's windup activities, which would permit the plaintiff to ignore the corporate form and hold the individual defendant personally liable under the lease (see e.g. A. A. Sutain, Ltd. v Montgomery Ward & Co., 22 A.D.2d 607, 609...

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