Appellate Practice Attorney serving New York, NY
If the claim was brought against the wrong individual or entity, for example, if the plaintiff is suing for breach of contract she had with your corporation rather than with you individually, it should be dismissed. However, if she is suing for a tort, for example fraud, there could be individual liability. Moreover, just because you have a corporation doesn't mean that the plaintiff's contract was with it. Did the customer have any reason to know about the corporation, for example a written contract in the corporation's name? If all that happened is that the customer ordered goods or services from a website, or spoke to someone who didn't disclose the corporate name using contact info from a website which also didn't disclose the corporation, there may very well be a contract between the plaintiff and you.
Answered on Mar 18th, 2013 at 11:55 AM