Scott Mollen Piercing a Tenant's Corporate Veil; Appointment of a Receiver: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "260-261 Madison Ave. LLC v. WeWork 261 Madison LLC," and NRP Mortgage Trust I v. 701 Elton Ave."
January 31, 2023 at 01:31 PM
15 minute read
Real EstateCommercial Landlord-Tenant—Piercing a Tenant's Corporate Veil—Landlord May Amend Complaint Which Seeks To Pierce Corporate Veil of WeWork Tenant
A commercial landlord sought to amend its complaint "to name additional defendants and to add allegations to pierce the corporate veil" of a WeWork related tenant entity (tenant), in order to hold "its parent entities liable for its alleged breach of the lease…." The court granted the plaintiff's motion.
CPLR 3025(b) permits amendment of pleadings "at any time by leave of court" and "[m]otions for leave to amend should be freely granted, absent prejudice or surprise… unless the proposed amendment is palpably insufficient or patently devoid of merit…."
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