MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Memorandum:
Plaintiffs commenced this action to recover damages for injuries sustained by plaintiff Patricia Dromgoole and Erin Dromgoole, plaintiffs' daughter, when an automobile driven by Erin in which Patricia was a passenger collided with another automobile. Plaintiffs allege that, prior to the accident, the driver of the other automobile was served alcohol at T-Foots, a tavern owned and operated by defendant T-Foots, Inc., in violation of the Dram Shop Act (General Obligations Law 11-101). Defendant Gerald Laraby is president, sole shareholder and an employee of T-Foots, Inc.
Supreme Court properly denied in part defendants' motion seeking summary judgment dismissing the complaint against Laraby. "A decision to pierce the corporate veil is a fact-laden decision ( see Matter of Morris v. New York State Dept. of Taxation Fin., 82 N.Y.2d 135, 141), that is not well suited for summary judgment resolution ( see Forum Ins. Co. v. Texarkoma Transp. Co., 229 A.D.2d 341, 342)" ( Giarguaro S.p.A. v. Amko Intl. Trading, 300 A.D.2d 349, 350). Defendants have failed to establish as a matter of law that they are entitled to judgment dismissing the Dram Shop cause of action against Laraby ( see CPLR 3212 [b]). Further, discovery has not yet been conducted and "plaintiffs are entitled to obtain necessary discovery to ascertain whether there are grounds to pierce the corporate veil" ( Giarguaro S.p.A., 300 A.D.2d at 350; see CPLR 3212 [f]; First Bank of the Ams. v. Motor Car Funding, 257 A.D.2d 287, 293-294).