Newgarden v Havemeyer Estates, LLC

Holding The court granted summary judgment to the plaintiffs on the breach of contract claim for unpaid license fees after the pandemic, as the force majeure defense did not apply post-shutdown. It also granted summary judgment to the LLC member, dismissing the account stated claim against him personally due to the lack of evidence to pierce the corporate veil.

The court’s words

even if the force majeure clause of the access agreement applied, Havemeyer breached the access agreement by failing to pay license fees after the COVID-19 shutdown ceased to exist

2026 NY Slip Op 05547, at the official text

Blumenkrantz, as a member of Havemeyer, a limited liability company, cannot personally be held liable for any debts, obligations, or liabilities of the limited liability company

2026 NY Slip Op 05547, at the official text

The plaintiffs failed to submit evidence showing that piercing the corporate veil would be appropriate under the circumstances or that further disclosure would result in such evidence

2026 NY Slip Op 05547, at the official text