individual has abused privilege (New York) · Go Syfert
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individual has abused privilege in New York

11 New York opinions name it 2 courts 2012–2025 7 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Rosenshein v. Kushnergreen
nyappdiv · 2023 · cited in 3 New York opinions naming this issue, 2023–2025
2 sentences

2025"Factors to be considered in determining whether an individual has abused the privilege of doing business in the corporate or [limited liability company] form include the failure to adhere to [corporate or limited liability company] formalities, inadequate capitalization, commingling of assets, and the personal use of [corporate or limited liability company] funds" ( Grammas v Lockwood Assoc., LLC , 95 AD3d 1073, 1075; see Rosenshein v Kushner , 212 AD3d at 745).

2025"Factors to be considered in determining whether an individual has abused the privilege of doing business in the corporate or LLC form include the failure to adhere to LLC formalities, inadequate capitalization, commingling of assets, and the personal use of LLC funds" ( Grammas v Lockwood Assoc., LLC , 95 AD3d 1073, 1075 ; see Rosenshein v Kushner , 212 AD3d 744, 745 ).

33
Grammas v. Lockwood Associates, LLCgreen
nyappdiv · 2012 · cited in 9 New York opinions naming this issue, 2012–2025
2 sentences

2025"Factors to be considered in determining whether an individual has abused the privilege of doing business in the corporate or [limited liability company] form include the failure to adhere to [corporate or limited liability company] formalities, inadequate capitalization, commingling of assets, and the personal use of [corporate or limited liability company] funds" ( Grammas v Lockwood Assoc., LLC , 95 AD3d 1073, 1075; see Rosenshein v Kushner , 212 AD3d at 745).

2025"Factors to be considered in determining whether an individual has abused the privilege of doing business in the corporate or LLC form include the failure to adhere to LLC formalities, inadequate capitalization, commingling of assets, and the personal use of LLC funds" ( Grammas v Lockwood Assoc., LLC , 95 AD3d 1073, 1075 ; see Rosenshein v Kushner , 212 AD3d 744, 745 ).

19
East Hampton Union Free School District v. Sandpebble Builders, Inc.green
ny · 2011 · cited in 3 New York opinions naming this issue, 2012–2024
2 sentences

2024Recovery Corp. v Bonderman , 31 NY3d 30, 47-48 ; East Hampton Union Free School Dist. v Sandpebble Bldrs., Inc. , 16 NY3d 775, 776 [citation and internal quotation marks omitted]). "'Factors to be considered in determining whether an individual has abused the privilege of doing business in the corporate or LLC form include the failure to adhere to [corporate or] LLC formalities, inadequate capitalization, commingling of assets, and the personal use of [corporate or] LLC funds'" ( Olivieri Constr.

2012Factors to be considered in determining whether an individual has abused the privilege of doing business in the corporate or LLC form include the failure to adhere to LLC formalities, inadequate capitalization, commingling of assets, and the personal use of LLC funds (see East Hampton Union Free School Dist. v Sandpebble Bldrs., Inc., 66 AD3d 122 , 127 [2009], affd 16 NY3d 775 [2011]; Millennium Constr., LLC v Loupolover, 44 AD3d 1016 [2007]).

13
Millennium Construction, LLC v. Loupolovergreen
nyappdiv · 2007 · cited in 2 New York opinions naming this issue, 2012–2012
2 sentences

2012Factors to be considered in determining whether an individual has abused the privilege of doing business in the corporate or LLC form include the failure to adhere to LLC formalities, inadequate capitalization, commingling of assets, and the personal use of LLC funds (see East Hampton Union Free School Dist. v Sandpebble Bldrs., Inc., 66 AD3d 122 , 127 [2009], affd 16 NY3d 775 [2011]; Millennium Constr., LLC v Loupolover, 44 AD3d 1016 [2007]).

2012Factors to be considered in determining whether an individual has abused the privilege of doing business in the corporate form include the failure to adhere to corporate formalities, inadequate capitalization, commingling of assets, and the personal use of corporate funds (see Grammas v Lockwood Assoc., LLC, 95 AD3d 1073 [2012]; East Hampton Union Free School Dist. v Sandpebble Bldrs., Inc., 66 AD3d 122 , 127 [2009], affd 16 NY3d 775 [2011]; Millennium Constr., LLC v Loupolover, 44 AD3d 1016, 1017 [2007]).

12
Board of Managers of Beacon Tower Condominium v. 85 Adams Street, LLCgreen
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016“Factors to be considered in determining whether an individual has abused the privilege of doing business in the corporate or LLC form include the failure to adhere to [corporate or] LLC formalities, inadequate capitalization, commingling of assets, and the personal use of [corporate or] LLC funds” (Grammas v Lockwood Assoc., LLC, 95 AD3d at 1075 ; see Board of Mgrs. of Beacon Tower Condominium v 85 Adams St., LLC, 136 AD3d at 683 ; Matter of Queens W.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Olivieri Construction Corp. v. WN Weaver Street, LLC green
nyappdiv · 2016
2 sentences

2024Corp. v WN Weaver St., LLC , 144 AD3d 765, 767 , quoting Grammas v Lockwood Assoc., LLC , 95 AD3d at 1075 ).

2023Corp. v WN Weaver St., LLC , 144 AD3d at 766 ).

22023–2024
AHA Sales, Inc. v. Creative Bath Products, Inc. green
nyappdiv · 2008
1 sentence

2024Thus, mere conclusory statements that the individual dominated the corporation ate insufficient to defeat a motion to dismiss (AHA Sales Inc., v. Creative Bath Products Inc.,. 58 AD3d 6 , 867 NYS2d 6 6 of 8 [* 6] FILED: KINGS COUNTY CLERK 03/14/2024 03:17 PM INDEX NO. 507146/2020 NYSCEF DOC.

12024–2024
People v. Lewis green
nyappdiv · 2004
1 sentence

2024"Factors to be considered in determining whether an individual has abused the privilege of doing business in the corporate or LLC form include the failure to adhere to [corporate or] LLC formalities, inadequate capitalization, commingling of pas.sets, apq. the. personal use .of [corporate or] LLC f:unds'I (see:, Gra:mmas v. Lockwood Associates LLC, 9. 5 AD3d 1073 , 944.

12024–2024
Cortlandt St. Recovery Corp. v. Bonderman green
nycterr · 2018
1 sentence

2024Recovery Corp. v Bonderman , 31 NY3d 30, 47-48 ; East Hampton Union Free School Dist. v Sandpebble Bldrs., Inc. , 16 NY3d 775, 776 [citation and internal quotation marks omitted]). "'Factors to be considered in determining whether an individual has abused the privilege of doing business in the corporate or LLC form include the failure to adhere to [corporate or] LLC formalities, inadequate capitalization, commingling of assets, and the personal use of [corporate or] LLC funds'" ( Olivieri Constr.

12024–2024

Statutes the citing opinions construe

NY § N.Y. Limited Liability Company Law Law § 609 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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