| Yorkson Legal Inc. v Shapiro |
| 2016 NY Slip Op 03065 [138 AD3d 563] |
| April 21, 2016 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Yorkson Legal Inc., Respondent, v Mitchell C. Shapiro, Appellant, et al., Defendant. |
Carter Lendyard & Milburn LLP, New York (Mitchell C. Shapiro of counsel), for appellant.
Wimpfheimer & Wimpfheimer, New York (Michael C. Wimpfheimer of counsel), for respondent.
Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered November 30, 2015, which, to the extent appealed from, denied defendant Shapiro's motion to dismiss the complaint as against him, unanimously reversed, on the law, and the motion granted. The Clerk is directed to enter judgment accordingly.
Plaintiff's claim that Shapiro agreed to personally guarantee the obligations of and payments due from the defendant Law Group, the only ground for personal liability asserted against him in the complaint, was refuted by the documentary evidence (see Leon v Martinez, 84 NY2d 83, 88 [1994). Concur—Sweeny, J.P., Renwick, Saxe, Gische and Kahn, JJ.