T.D. Bank, N.A. v Halcyon Jets, Inc.

2012 NY Slip Op 06636 [99 AD3d 431]

October 4, 2012

Appellate Division, First Department

As corrected through Wednesday, November 28, 2012

T.D. Bank, N.A., Appellant, v Halcyon Jets, Inc.,Defendant, and Andrew Drykerman, Respondent.

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Platzer, Swergold, Karlin, Levine, Goldberg & Jaslow, LLP, New York (Steven D.Karlin of counsel), for appellant.

McLaughlin & Stern, LLP, New York (John Paul Robbins of counsel), forrespondent.

Order, Supreme Court, New York County (Anil C. Singh, J.), entered May 13, 2011, whichdenied plaintiff's motion for summary judgment, and granted defendant Andrew Drykerman'scross motion for summary judgment dismissing the complaint, unanimously affirmed, withoutcosts.

Plaintiff bank seeks to hold defendant Drykerman, who opened a line of credit in his capacityas an employee of the defaulting defendant, Halcyon Jets, Inc., personally liable for thecorporation's debt. It is well settled that officers or agents of a corporation are not personallyliable on corporate contracts if they do not purport to bind themselves individually (SavoyRecord Co. v Cardinal Export Corp., 15 NY2d 1 [1964]). Here, plaintiff failed to producethe credit card agreement allegedly signed by Drykerman or any documents establishing that heassumed corporate liability (see General Obligations Law § 5-701 [a] [2]).Accordingly, summary judgment dismissing the [*2]complaint asagainst Drykerman was properly granted.

We have considered plaintiff's additional arguments and find them unavailing.Concur—Gonzalez, P.J., Saxe, DeGrasse, Freedman and Román, JJ.