| Open Door Foods, LLC v Pasta Machines, Inc. & Phase Ii Pasta Machines, Inc. |
| Motion No: 2019-01678 NC |
| Slip Opinion No: 2020 NY Slip Op 69210(U) |
| Decided on July 8, 2020 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 9th & 10th Judicial Districts
THOMAS A. ADAMS, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Open Door Foods, LLC, Respondent, v Pasta Machines, Inc. and Phase II Pasta Machines, Inc., Defendants, and Michael S. Wilson, Appellant. |
Appeal from a judgment of the District Court of Nassau County, First District, entered August 23, 2019. The judgment, after a nonjury trial, upon piercing the corporate veil, awarded respondent the principal sum of $30,000 against appellant in an action transferred from the Supreme Court to the District Court pursuant to CPLR 325 (d).
On the court's own motion, it is
ORDERED that the appeal is dismissed and the judgment entered August 23, 2019 and all other proceedings taken in the District Court are vacated as nullities on the ground that the District Court lacks jurisdiction to grant the equitable relief of piercing the corporate veil (see 19 W. 45th St. Realty Co. v Doram Elec. Corp., 233 AD2d 184 [1996]; Green v Lakeside Manor Home for Adults, Inc., 30 Misc 3d 16 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2010]).
We note that this court's authority is merely to rule on the validity of the District Court's judgment, not to reverse the Supreme Court's CPLR 325 (d) transfer order.
ENTER:
Paul Kenny
Chief Clerk