Practice point: A plaintiff seeking to pierce the corporate veil must show that complete domination was exercised over a corporation with respect to the transaction at issue, and that the domination was used to commit a fraud or wrong against the plaintiff which resulted in plaintiff's injury.
Student note: In addition, the corporate veil will be pierced to achieve equity, even absent fraud, when a corporation has been so dominated by an individual or another corporation and its separate entity so ignored that it primarily transacts the dominator's business instead of its own and can be called the other's alter ego.
Case: Fernbach, LLC v. Calleo, NY Slip Op 01427 (2d Dept. 2012).
Here is the decision.
Tomorrow’s issue: Commencing a foreclosure action.
