Gounder v. Progressive Credit Union
Individual Cannot Recover for Alleged Wrong To Corporation; Complaint's Dismissal Affirmed
June 14, 2017 at 12:00 AM
2 minute read
PER CURIAM
Gounder appealed from a Civil Court order granting defendant's motion to dismiss the complaint which sought return of $25,000. He stated defendant bought numerous radios from Communicar Inc., but failed to pay for them. Defendant denied liability, asserting affirmative defenses and dismissal of the complaint. Defense counsel stated, after a review of records, defendant never entered into any agreement or contract with Gounder, noting it never purchased any radios from Communicar, but acquired radios when it foreclosed on collateral a member pledged in connection with a loan, or surrendered voluntarily in lieu of foreclosure. Defendant argued its acquisition of the radios did not provide a basis for it to owe Gounder money, and Gounder failed to provide an explanation for his claim defendant owed him money. Thus, civil court granted dismissal of the complaint. The panel found civil court properly dismissed the action as Gounder failed to plead or make additional factual submissions in opposition to defendant's motion from which any cause of action against defendant may be discerned. To the extent Gounder claimed he was a shareholder of Communicar, an individual could not recover for an alleged wrong to a corporation. The order was affirmed.
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