Filed: Jun. 02, 2015
Latest Update: Mar. 02, 2020
Summary: 14-2124 Chrebet v. Nassau County UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDE
Summary: 14-2124 Chrebet v. Nassau County UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER..
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14‐2124
Chrebet v. Nassau County
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER
JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S
LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER
THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A
SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
At a stated term of the United States Court of Appeals for the Second
Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley
Square, in the City of New York, on the 2nd day of June, two thousand fifteen.
PRESENT: RICHARD C. WESLEY,
PETER W. HALL,
RAYMOND J. LOHIER, JR.,
Circuit Judges.
____________________________________________
WAYNE CHREBET,
Plaintiff ‐ Appellant,
‐v.‐ No. 14‐2124
NASSAU COUNTY, PAUL SZYMANSKI, BOHDAN PICZAK, SCOTT TUSA,
RICHARD HERMAN, BRIAN FITZGERALD, ARNOLD ROTHENBERG,
RICHARD SOTO, KEVIN LOWRY, MICHAEL KRUMMENACKER,
Defendants ‐ Appellees.
____________________________________________
FOR APPELLANT: BRIAN J. SHOOT (Robert G. Sullivan, Frank V. Floriani,
on the brief), Sullivan Papain Block McGrath & Cannavo
P.C., New York, NY.
FOR APPELLEES: DONNA A. NAPOLITANO (Joseph E. Macy, on the
brief) Berkman, Henoch, Peterson, Peddy & Fenchel,
P.C., Garden City, NY.
____________________________________________
Appeal from the United States District Court for the Eastern District of
New York (Hurley, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED,
ADJUDGED AND DECREED that the judgment of the district court be and
hereby is AFFIRMED.
Plaintiff‐Appellant Wayne Chrebet brought this § 1983 due process suit
against Defendants‐Appellees the County of Nassau and various individual
police officers and fire marshals. Chrebet claimed that his restaurant was subject
to police harassment that eventually caused the firing of the restaurant’s general
manager, Matthew Price, and led to its closing due to lost business. The district
court granted summary judgment to Defendants on all claims. In relevant part,
the district court determined that Chrebet did not have standing to assert
property‐based claims because the relevant injuries were to Chrebet’s
corporation, Chrebet’s Inc., not to Chrebet himself.
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On appeal, Chrebet principally argues that he suffered an injury to his
property interests when he paid $1.325 million in compensation to the
terminated employee who was the object of the police harassment. Chrebet
claims he was personally liable on the employment agreement. We are not
persuaded. “New York law requires that there be clear and explicit evidence of
the defendant’s intent to add personal liability to the liability of the entity, where
entity liability is established under the agreement.” Mason Tenders Dist. Council
Welfare Fund v. Thomsen Constr. Co., 301 F.3d 50, 53 (2d Cir. 2002) (per curiam)
(internal quotation marks omitted). “The factors to be examined in assessing the
signatory’s intention include the length of the contract, the location of the
liability provision(s) in relation to the signature line, the presence of the
signatory’s name in the agreement itself, the nature of the negotiations leading to
the contract, and the signatory’s role in the corporation.” Cement & Concrete
Workers Dist. Council Welfare Fund, Pension Fund, Legal Servs. Fund & Annuity
Fund v. Lollo, 35 F.3d 29, 35 (2d Cir. 1994).
Here, Chrebet’s only evidence of his personal liability to Prince are the
facts that Chrebet signed the contract in his personal capacity and that he
testified that paying Prince was the right thing to do. This is not the clear
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evidence of intent to be personally bound that is required by New York law.
Chrebet’s second signature is explained by the fact that the contract was also
between himself and his company, Chrebet’s Inc.; specifically, the contract
allowed the company to use Chrebet’s name and reputation. The terms of the
contract do not provide for Chrebet’s personal liability, and Chrebet did not
submit evidence that he and Prince negotiated personal liability. Thus, Chrebet
cannot establish personal liability, and his argument does not undermine the
district court’s conclusion.
We have considered all of Chrebet’s arguments and conclude that they are
without merit. For the reasons stated above, the judgment and sentence of the
district court are AFFIRMED.
FOR THE COURT:
Catherine O’Hagan Wolfe, Clerk
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