Favour Mind Ltd. v. Pacific Shores, Inc.

2004 U.S. Dist. LEXIS 637 (2004)

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Favour Mind Ltd. v. Pacific Shores, Inc.

United States District Court for the Southern District of New York
2004 U.S. Dist. LEXIS 637 (2004)

SC

Facts

Robert Czwartacky (defendant) owned 50 percent of Pacific Shores, Inc. (defendant) and managed the company’s operations. Using a line of credit, Pacific Shores ordered garments from Favour Mine Limited (FML) (plaintiff). FML knew that Pacific Shores was a credit risk through a Dun & Bradstreet report but continued to conduct business with Pacific Shores even after Pacific Shores fell behind on payments and reported losses. FML sued Pacific Shores for unpaid invoices and won a default monetary judgment. FML also sued Czwartacky, seeking to pierce Pacific Shores’ corporate veil and hold Czwartacky personally liable for Pacific Shores’ debts. FML presented evidence that Czwartacky withdrew $200 or $300 from a Pacific Shores account for personal or showroom expenses. Nevertheless, Czwartacky filed a motion for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Daniels, J.)

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