710 E Elizabeth Ave, LLC, et al., appellants, v Jhong Kim, respondent.

Holding The Appellate Division reversed the lower court’s dismissal, reinstating the amended complaint and remitting the matter for judgment in favor of the plaintiffs. The court found that the defendant failed to prove he was acting as an agent for a disclosed principal, thereby establishing personal liability for the breach of the loan agreement.

The court’s words

the plaintiffs met their burden of establishing a cause of action alleging breach of contract

2026 NY Slip Op 05756, at the official text

The defendant signed the document as "Owner," and there is no mention of 1719 Hylan, LLC

2026 NY Slip Op 05756, at the official text

there was no evidence that the existence of 1719 Hylan, LLC, was disclosed to the plaintiffs at the time of the loan

2026 NY Slip Op 05756, at the official text

the defendant failed to meet his burden of demonstrating that the plaintiffs knew that he was acting on behalf of 1719 Hylan, LLC

2026 NY Slip Op 05756, at the official text