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BERRY PACKING CORP., appellant-respondent, v. ATLANTIC VEAL CORP., respondents-appellants.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

We agree with the Supreme Court that there are issues of fact as to whether any of the defendants so dominated the lessee corporation, Tri-Way Veal Packers, Inc. (hereinafter Tri-Way), as to justify piercing the corporate veil to hold them liable for a judgment against Tri-Way (see First Bank of Ams. v. Motor Car Funding, 257 A.D.2d 287).

ALTMAN, J.P., SMITH, McGINITY and TOWNES, JJ., concur.

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BERRY PACKING CORP. v. ATLANTIC VEAL CORP
(Feb 13, 2003)