Articles
Court finds individuals liable under corporate lease
September 01, 2011
In an August 2011 New York County landlord/tenant action, 498 Seventh Ave. LLC v. Easy Street, Inc., it was held that, where a corporation is dissolved by proclamation, and leases are then signed by individuals purportedly in their representative capacities as officers of said corporation, those individuals were to be held personally responsible to the landlord for the obligations incurred under said leases. The Court reasoned that since the individuals purported to act on behalf of a corporation that did not have either a de jure nor a de facto existence, they were to be held personally liable for the obligations incurred under those leases. The Court granted summary judgment to the landlord.
Prior results do not guarantee a similar outcome. All information posted is general advice only, based upon the rules of NYS, and is not intended to be a substitute for personal legal advice. Although information provided here was accurate as of the date of posting, laws change frequently and rules in other jurisdictions may differ. Therefore, readers should not rely upon these postings but should consult an attorney to discuss their specific factual situation.
|
|