United States Second Circuit

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Kertesz v. GVC and Korn, 11-3685

In plaintiff shareholder's action for indemnification for legal fees against defendant corporation GVC that also alleged an alter-ego claim against defendant majority shareholder Korn, judgment dismissing the alter-ego claim against Korn is vacated and remanded, where: 1) an alter ego claim does not deny a corporation's legal existence; and 2) it is therefore not inconsistent for a party both to seek indemnification from a corporation as its officer and also to seek recovery from the personal assets of a corporate owner who abused the corporation's legal form for his own gain.

Appellate Information

  • Decided 10/17/2012
  • Published 10/17/2012

Judges

  • PER CURIAM

Court

  • United States Second Circuit

Counsel