VISTA FOOD EXCHANGE, INC., plf-ap, v. BENEFI MALL a/k/a CENTERSTONE INSURANCE AND FINANCIAL SERVICES, ET AL., def-res

87. VISTA FOOD EXCHANGE, INC., plf-ap, v. BENEFI MALL a/k/a CENTERSTONE INSURANCE AND FINANCIAL SERVICES, ET AL., def-res — Jonathan C. Scott, P.C., Bronx (Jonathan C. Scott of counsel), for ap — Vedder Price P.C., New York (Marc B. Schlesinger of counsel), for BenefitMall, Michael Brachlow and Erin Brachlow, res — Gana LLP, New York (Daniel Gwertzman of counsel), for Dinesmore/Steele and Rodney Steele, res — Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered on or about June 10, 2014, which granted defendants' motions to dismiss the complaint, with leave to file an amended complaint as to the breach of contract claim against the corporate defendants only, and order, same court and Justice, entered on or about November 10, 2014, which granted defendants' motions to dismiss plaintiff's amended complaint, unanimously affirmed, without costs.

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87. VISTA FOOD EXCHANGE, INC., plf-ap, v. BENEFI MALL a/k/a CENTERSTONE INSURANCE AND FINANCIAL SERVICES, ET AL., def-res — Jonathan C. Scott, P.C., Bronx (Jonathan C. Scott of counsel), for ap — Vedder Price P.C., New York (Marc B. Schlesinger of counsel), for BenefitMall, Michael Brachlow and Erin Brachlow, res — Gana LLP, New York (Daniel Gwertzman of counsel), for Dinesmore/Steele and Rodney Steele, res — Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered on or about June 10, 2014, which granted defendants’ motions to dismiss the complaint, with leave to file an amended complaint as to the breach of contract claim against the corporate defendants only, and order, same court and Justice, entered on or about November 10, 2014, which granted defendants’ motions to dismiss plaintiff’s amended complaint, unanimously affirmed, without costs.

Plaintiff alleges that it relied on defendants’ advice in outsourcing its human resources and benefits functions to a third party recommended by defendants. The third party allegedly accepted funds from plaintiff for the payment of its payroll taxes, but failed to make such payments to the taxing authorities before becoming insolvent.

VISTA FOOD EXCHANGE, INC., plf-ap, v. BENEFI MALL a/k/a CENTERSTONE INSURANCE AND FINANCIAL SERVICES, ET AL., def-res

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