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JOSE CERRATO plf-ap, v. DEE CORPORATION def, SHARON HAKMON def-res

4044. JOSE CERRATO plf-ap, v. DEE CORPORATION def, SHARON HAKMON def-res — Rosalyn Maldonado, P.C., Valley Stream (Rosalyn Maldonado of counsel), for ap — DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains (Eric J. Mandell of counsel), for res — Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about December 28, 2015, which granted the individual defendants' motion for summary judgment dismissing the action as against them, unanimously affirmed, without costs.

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4044. JOSE CERRATO plf-ap, v. DEE CORPORATION def, SHARON HAKMON def-res — Rosalyn Maldonado, P.C., Valley Stream (Rosalyn Maldonado of counsel), for ap — DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains (Eric J. Mandell of counsel), for res — Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about December 28, 2015, which granted the individual defendants’ motion for summary judgment dismissing the action as against them, unanimously affirmed, without costs.

This action alleges negligence in, inter alia, the architectural design and construction of plaintiffs’ new 3-family home. The individual defendants established prima facie entitlement to summary judgment by submitting documentary evidence, deposition testimony, and affidavits that demonstrated that they acted in a representative capacity as agents of corporate entities that served legitimate business purposes, and that stated that defendants did not contract with plaintiffs purchasers in their personal capacities (see generally Sound Communications, Inc. v. Rack & Roll, Inc., 88 AD3d 523 [1st Dept 2011]; Brito v. DILP Corp., 282 AD2d 320 [1st Dept 2001]).

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