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Landlord & Tenant
Assignee Wrongdoing Might Justify Piercing Corporate Veil BP 399 Park Avenue LLC, v. Pret 399 Park, Inc. NYLJ 5/18/17, p. 23, col. 6 AppDiv, First Dept. (memorandum opinion)
In an action for rent brought by landlord against tenant's assignee, landlord appealed from Supreme Court's grant of summary judgment dismissing several causes of action against assignee. The Appellate Division modified to deny assignee's motion, and to grant landlord's cross-motion dismissing several affirmative defenses, holding that the alleged wrongdoing by assignee might be sufficient to pierce its corporate veil.
Citibank leased the subject property to Pret 399, a wholly owned subsidiary of Pret A Manger, Ltd., (Pret Parent). Pret Parent, not Pret 299, operated a café on the premises and paid the rent. Subsequently, Pret Parent surrendered the premises. Current landlord, Citibank's successor, then brought this action seeking rent for the period after the surrender of possession. Supreme Court awarded summary judgment to Pret Parent, concluding that, as an assignee, Pret Parent's liability for rent did not extend past the date of surrender, and holding that Pret Parent's corporate veil could not be pierced in the absence of a showing of fraud. Landlord appealed.
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