Contractor’s Arms-Length Relationship With Owner Did Not Give Rise to Fiduciary Relationship—Court Rejects Effort to Pierce Corporate Veil
A defendant LLC owner of real property had entered into a contract with the plaintiff contractor, pursuant to which the contractor was to renovate the second floor of a commercial condominium for use as a medical office. The contractor sued the owner and individual members of the LLC claiming that the owner refused to pay an outstanding balance for the work done, plus interest. The plaintiff sued to foreclose on a mechanics lien, for breach of contract, breach of fiduciary duty, loss of business, lost profits and unjust enrichment. The owner and the individual defendants moved to dismiss pursuant to CPLR 3211(a)(1) and (7).
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