Legal Question in Civil Litigation in New York

Piercing Corp shield

I have an 18 month old New York small claims court judgment for unpaid wages against a small corporation I worked for, which has since stopped operating but has NOT filed dissolution papers. I was told that in the case of unpaid wages it is possible to amend the judgment to add the principal(s) of the corporation as individually liable judgment debtors. A law library clerk helped me find the appplicable law (Chapter 4 Business Corporate Law article 6 section 630) but the wording is very confusing. One part seems to say it must be done within 180 days of end of employment, and another part says we have 90 days from the return of an unsatisfied execution on the corp. Since we have not yet issued a sheriff's execution against the corp, can we still move to add the individual corp officers to the judgment and make them personally liable?

Asked on 3/14/02, 3:39 pm

1 Answer from Attorneys

Bunji Fromartz Fromartz Law Offices

shareholders and officers liablity

The 180 days has to do with holding shareholders liable.

Make a motion to amend to include corporate officers and notify dept of labor.

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Answered on 3/15/02, 2:49 pm

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