METROPOLITAN SWITCH BOARD COMPANY INC v. John Siracusa, et al., respondents. (2005)

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Price, J.), dated April 9, 2004, as, upon renewal, granted that branch of the motion of the defendants Amici Associates, Incorporated, John Siracusa, and Anthony Restivo which was for summary judgment dismissing the first, second, and fourth causes of action insofar as asserted against John Siracusa and Anthony Restivo.

ORDERED that the order is affirmed insofar as appealed from, with costs.

 “[A]n individual who signs a corporate contract and indicates the name of the corporation and the nature of his representative capacity on the contract is generally not subject to personal liability” (Matter of Estate of Gifford, 144 A.D.2d 742, 744, 535 N.Y.S.2d 154;  see Gordon v. Teramo & Co., 308 A.D.2d 432, 433, 764 N.Y.S.2d 144;  Gottehrer v. Viet-Hoa Co., 170 A.D.2d 648, 567 N.Y.S.2d 71;  Gold v. Royal Cigar Co., 105 A.D.2d 831, 832, 482 N.Y.S.2d 32).   Here, the respondents established their prima facie entitlement to judgment as a matter of law by showing that they executed the subject agreement solely in their capacities as corporate officers, and without any intent to become personally liable to perform thereunder.   Moreover, the agreement itself clearly stated that it was entered into between the plaintiff and Amici Associates.   The plaintiff, in opposition, failed to raise a triable issue of fact (see Gordon v. Teramo & Co., supra at 433, 764 N.Y.S.2d 144;  Gottehrer v. Viet-Hoa Co., supra ).

The plaintiff's remaining contentions are without merit.