Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

METROPOLITAN SWITCH BOARD v. AMICI ASSOCIATES

Appellate Division of the Supreme Court of New York, Second Department.
Jul 11, 2005
Important Paras
Please sign up to view Important Paras.

Ordered that the order is affirmed insofar as appealed from, with costs.

"[A]n individual who signs a corporate contract and indicates the name of the corporation and the nature of his representative capacity on the contract is generally not subject to personal liability" ( Matter of Gifford, 144 AD2d 742, 744; see Gordon v. Teramo Co., 308 AD2d 432, 433; Gottehrer v. Viet-Hoa Co., 170 AD2d 648; Gold v. Royal Cigar Co., 105 AD2d 831, 832). Here, the respondents established their prima facie entitlement to judgment as a matter of law by showing that they executed the subject agreement solely in their capacities as corporate officers, and without any intent to become personally liable to perform thereunder. Moreover, the agreement itself clearly stated that it was entered into between the plaintiff and Amici Associates. The plaintiff, in opposition, failed to raise a triable issue of fact ( see Gordon v. Teramo Co., supra at 433; Gottehrer v. Viet-Hoa Co., supra).

The plaintiff's remaining contentions are without merit.