Justice Barbara Jaffe
Defendants moved to dismiss the complaint. Print & More (P&M) sought summary judgment on its breach of contract claim. It argued defendants had outstanding invoices for program guides printed for them, and despite assurances defendants later refused to make any more invoice payments. Defendants claimed P&M failed to state a cause of action for breach of contract against all of the Kidville defendants as it failed to allege the existence of a contract with each of them. P&M asserted Kidville Inc. wholly owned the other Kidville defendants, that they were operated from the same location, their finances were intermingled, thus they operated as a single entitle, and were alter egos of each other. Thus, it sought to pierce the corporate veil and hold Kidville Inc. president and Chief Executive Officer, Harwood and Stenzler, respectively, personally liable. The court found there existed a contract between P&M and Kidville Inc., and P&M performed on the contract, but Kidville breached by failing to pay the outstanding invoices. Yet, it stated absent evidence reflecting P&M contracted with any other defendants, it failed to state a claim for piercing the corporate veil, denying the motion except to the contract breach cause of action.
