Gonzalez v. Chalpin
New York Court of Appeals
565 N.E.2d 1253, 77 N.Y.2d 74, 564 N.Y.S.2d 702 (1990)
- Written by Whitney Kamerzel , JD
Facts
Bernabe Gonzalez (plaintiff) was a maintenance worker at a building owned by Excel Associates (Excel). Excel had a corporate general partner, Tribute Music, Inc. (Tribute) and a limited partner, Edward Chalpin (defendant). Chalpin was also the director of Tribute. Chalpin hired Gonzalez to complete renovations and only paid Gonzalez for some of the completed work. Chalpin did not tell Gonzalez that Chaplin was hiring him on behalf of Tribute, and Chalpin signed Gonzalez’s checks in Chalpin’s own name. Gonzalez sued Chalpin personally, and the trial court granted Gonzalez the unpaid compensation. Chalpin appealed and argued that he was not personally liable because he requested the work be completed solely in his capacity as a director of Tribute and not as a limited partner of Excel.
Rule of Law
Issue
Holding and Reasoning (Bellacosa, J.)
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