MATTER OF BERGASSI v. AMER. SUR

ORDERED that the appeal from the order is dismissed; and it is further,

ORDERED that the judgment is affirmed; and it is further,

ORDERED that the petitioner is awarded one bill of costs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248).

The Supreme Court properly concluded that there was no valid agreement by the parties to arbitrate (see, Matter of Salmanson v. Tucker Anthony Inc., 216 A.D.2d 283; McLaughlin, Piven, Vogel v. Nolan Co., 114 A.D.2d 165, 168).

The appellants failed to establish that the petitioner exercised complete domination over Edmund J. Bergassi Agency, Inc., and that such domination was used to commit a fraud upon them (see, Matter of Morris v. New York State Dept. of Taxation Fin., 82 N.Y.2d 135; Weiss v. Marjam of Long Is., 270 A.D.2d 455; Stockacre Ltd. v. PepsiCo, Inc., 265 A.D.2d 398; Apollon Waterproofing Restoration Corp. v. Bergassi, 241 A.D.2d 347). Accordingly, the Supreme Court properly refused to pierce the corporate veil and allow arbitration against the petitioner personally.