Legal Question in Legal Ethics in New York
Corporation out who is responsible
Ok, I have a case where a man sued a corporation and the C.E.O himself, 8 years ago. The man nor the corp ever paid the awarded judgment and now the corporation is dissolved and the man says that he went to court and had the judgment amended to take his name off the judgment. I have several questions:
1) Can he go and get his name taken off without the plaintiff being notified.
2) Can I some how still go after him because he was the c.e.o of that dissolved corp.
3) Am I screwed
4) For future refrence if I have a case where a corp. is responsible for a judgment can I also go after the c.e.o or officers of that company to pay the judgment???
Thank you very much
1 Answer from Attorneys
Re: Corporation out who is responsible
To answer your questions:
1) I would think that, if the judgment was entered against the CEO personally, the only way to vacate that judgment would be by a motion on notice to the plaintiff. You can check the court file to see what happened. If there was no notice, you may be able to re-litigate this issue to get the judgment reinstated against the CEO.
2-4) Whether a CEO or other officer can be held personally liable is a more complicated question. It depends on the circumstances. It would depend, for example, whether the corporate officer personally committed any of the acts that are the basis of liability. I would need to know much more about the facts of the case to help you on these questions.
Feel free to give me a call.
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