Opinion
2388.
December 4, 2003.
Order, Supreme Court, New York County (Edward Lehner, J.), entered August 15, 2002, which granted defendant's motion to dismiss the action, unanimously affirmed, with costs.
Martin P. Desmery, for Plaintiff-Appellant.
Andrew P. Karamouzis, for Defendant-Respondent.
Before: Tom, J.P., Andrias, Saxe, Ellerin, JJ.
An owner/shareholder is not individually liable for the torts of a corporation unless it is established that he exercised complete dominion over the corporation alleged to have committed the wrong ( Brito v. DILP Corp., 282 A.D.2d 320). We reject plaintiff's claim that defendant, a principal of the restaurant corporation, engaged in allegedly tortious conduct, for which he should be held individually responsible. Such conduct amounts, at most, to nonfeasance, for which defendant is not liable ( Michaels v. Lispenard Holding Corp., 11 A.D.2d 12, 14).
Furthermore, plaintiff failed to demonstrate the requisite elements of a claim for breach of fiduciary duty.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.