BENFIELD ELEC. v. C L EL

Plaintiff established as a matter of law that it was entitled to collect on invoices, generated by purchases made by defendant C L Elevator Controls, from its sole corporate officer appellant Marchese, which postdated said corporation's dissolution date (June 30, 2004), since appellant was personally responsible for those charges ( see Matter of Morris v New York State Dept. of Taxation Fin., 82 NY2d 135; Brandes Meat Corp. v Cromer, 146 AD2d 666, 667). However, with respect to the pre-June 30, 2004 invoices, the record presents triable issues of fact as to whether appellant disregarded the corporate formalities of his now-dissolved closely-held corporations, and exercised domination over them to commit a fraud or wrong against plaintiff that resulted in plaintiff's injury ( see e.g. First Capital Asset Mgt. v N.A. Partners, 300 AD2d 112, 116).