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1424-1428 Lexington Realty v. Liu

Plaintiff Established a Piercing the Corporate Veil Claim; Dismissal of Complaint Denied

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The following e-filed documents, listed by NYSCEF document number 2, 3, 4, 5, 6, 15, 16, 17, 18, 19, 20were read on this application to/for DismissDECISION AND ORDER

*1 Upon the foregoing documents, it is Decided that defendant Cecilia Liu’s motion to dismiss for failure to state a cause of action is denied. According to the portion of the Complaint that relates to moving defendant, 1424-1428 Lexington Realty (“plaintiff”) leased 1424 Lexington Avenue, Ground Floor Store and Whole Basement, New York, NY 10128 (“Premises”) to 1424 Lexington Avenue Corp. (“1424 Corp.”) for a term commencing October 1, 2003 and ending on September 30, 2018 (“Lease”). The Premises was used as a restaurant by 1424 Corp. Nicolo Ottomanelli and/or Joseph Ottomanelli Jr. (“Ottomanelli Brothers”) are the shareholders of 1424 Corp. In connection with the sale of the restaurant business, the Lease was assigned to and assumed by S. L. 93 Corp. (“SL93″) on

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