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NAMROD CONSTRUCTION CO., INC., Respondent, v. F.V.B. CONTRACTING CORP., Defendant, and FRED BAI, Appellant.

Order reversed, on the law, with costs, motion granted, and complaint dismissed as against defendant Bai.

Plaintiff's contention that the contract dated September 28, 1983 obligated the individual defendant Bai is without merit, as it is clear from that document that Bai executed it only in his capacity as an officer of the corporate defendant. There is, therefore, no basis for personal liability (see, e.g., Gold v Royal Cigar Co., 105 A.D.2d 831). Mangano, J.P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.

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NAMROD CONSTR. CO., INC. v. F.V.B. CONTR
(Jan 13, 1986)