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Hayashi v. ATN Travel Mngt.

No Contract or Sufficient Allegations Found to Permit Plaintiffs to Pierce Corporate Veil

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The following electronically filed documents read on this motion by defendants Van Club International, Inc., Apple Travel, Inc., ATN USA Inc., and Yutaka Masaki (collectively hereinafter defendants) for an Order pursuant to CPLR 3212, granting said defendants summary judgment and dismissing the complaint against said defendants; and on this cross-motion by plaintiffs for an Order pursuant to CPLR 3212, granting summary judgment to plaintiffs and granting dismissal of the affirmative defenses and counterclaims asserted against plaintiffs:Papers NumberedNotice of Motion-Affirmation-Exhibits-Memo. of Law         EF 26-30Notice of Cross-Motion-Affirmation-Exhibits       EF 31-39Aff. in Reply & in Opp. to Cross-Motion-Exhibits               EF 40-44Reply Aff. in Further Support of Cross-Motion    EF 45

*1  This is an action to recover damages for an alleged breach of a contract arising out of a Stock Sales Agreement (Agreement) between plaintiffs and defendant ATN Travel Management Co., Ltd. (ATN Travel). Plaintiffs were the owners of Van Club International, Inc. (Van Club) and Apple Travel Inc. (Apple Travel). Pursuant to the Agreement, defendants agreed to purchase the shares of Van Club and Apple Travel from plaintiffs. The*2

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