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D'MEL & ASSOCIATES, Plaintiff-res-ap, v. ATHCO, INC. def, STUART GOLDMAN Defendants-Appellants-res

9713. D'MEL & ASSOCIATES, Plaintiff-res-ap, v. ATHCO, INC. def, STUART GOLDMAN Defendants-Appellants-res — Sullivan & Worcester LLP, New York (Andrew T. Solomon of counsel), for appellants-res — Jeffrey M. Cassuto, New York, for res-res — Order, Supreme Court, New York County (Richard F. Braun, J.), entered September 13, 2012, which, insofar as appealed from, denied the motion of defendants-appellants Stuart Goldman and Michael Goldman for summary judgment dismissing the ninth and tenth causes of action, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of the Goldmans, in their individual capacities, dismissing the complaint.

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9713. D’MEL & ASSOCIATES, Plaintiff-res-ap, v. ATHCO, INC. def, STUART GOLDMAN Defendants-Appellants-res — Sullivan & Worcester LLP, New York (Andrew T. Solomon of counsel), for appellants-res — Jeffrey M. Cassuto, New York, for res-res — Order, Supreme Court, New York County (Richard F. Braun, J.), entered September 13, 2012, which, insofar as appealed from, denied the motion of defendants-appellants Stuart Goldman and Michael Goldman for summary judgment dismissing the ninth and tenth causes of action, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of the Goldmans, in their individual capacities, dismissing the complaint.

Plaintiff is a creditor of defendants Athco, Inc. (Athco) and Athco Imports, Inc. (Imports). At all relevant times, defendant Stuart Goldman (Stuart) was the 100 percent shareholder, president, and CEO of Athco. From the time Imports was incorporated until March 26, 2009, defendant Michael Goldman (Michael) — Stuart’s son — was the 100 percent shareholder of Imports. Stuart was the CEO of Imports.

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