In Boczar v. Greene, 2008 NY Slip Op 30138[U], [Sup Ct NY County January 16, 2008], the plaintiff was the former president and the defendant was the CEO of a corporation known as BPC (Boczar, 2008 NY Slip Op 30138[U], at .2).
The defendant fired the plaintiff (id.). In an arbitration before the National Association of Securities Dealers ("NASD"), the plaintiff won an award against BPC, the corporation, for his termination (id at .2-3).
The plaintiff then filed the lawsuit in court against the defendant (id. at .3). The plaintiff therein sought to hold the defendant personally liable for the corporations' judgment debt to the plaintiff (id. at .3).
The plaintiff alleged that the defendant dominated and controlled BPC (id.). The corporation was not named as a party in the suit (id. at .6).
The court found that the corporation was a necessary party to a suit alleging it was the alter ego of the plaintiff (id.).
The court stayed the action so that the plaintiff could amend the complaint to include the corporation (id.).