SOLOW v. NEW NORTHERN BROKERAGE FACILITIES

The action was properly dismissed as against the individual defendant upon moving papers showing that, in dealing with plaintiff and handling plaintiff's business, the individual defendant acted at all times as a corporate representative, not in his individual capacity ( see, Walkovszky v. Carlton, 18 N.Y.2d 414, 417), and opposition papers that fail to show, or even allege, any specific breaches of fiduciary duty or tortious acts in which the individual defendant personally engaged ( cf., Hinkle Iron Co. v. Kohn, 229 N.Y. 179, 184; Prudential-Bache Sec. v. Golden Larch-Sequoia, 118 A.D.2d 487).

Concur — Nardelli, J. P., Rubin, Tom and Andrias, JJ.