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       Supreme Court, Appellate Division, First Department, New York.

     Lizbeth O'KEEFE, Plaintiff-Respondent, v. CITIBANK, N.A., et al.,

      Defendants, HG 79th Street, Inc., Defendant-Appellant. Feb. 17,

                                   2005.

Kirschenbaum & Kirschenbaum, P.C., Garden City (Kenneth Kirschenbaum

of counsel), for appellant.



Order, Supreme Court, New York County (Marilyn Shafer, J.), entered

June 24, 2003, which, to the extent appealed from, denied defendant

HG 79th Street's motion seeking summary judgment dismissing

plaintiff's first cause of action, unanimously affirmed, without

costs.

The cause of action for fraud sufficiently apprised HG 79th Street of

the substance of the allegations (CPLR 3016(b); Bernstein v. Kelso &

Co., 231 A.D.2d 314, 320, 659 N.Y.S.2d 276 [1997] ). HG 79th Street's

argument that as a "shareholder" of 157 West 79th Street Corporation,

it cannot be held liable for the independent acts of the board or

individual directors, is belied by the record wherein it does not

deny the allegation that it was an officer of the corporation, which

status may well incur liability (Polonetsky v. Better Homes Depot, 97

N.Y.2d 46, 735 N.Y.S.2d 479, 760 N.E.2d 1274 [2001] ).



BUCKLEY, P.J., SAXE, WILLIAMS, SWEENY, JJ., concur.

N.Y.A.D. 1 Dept. 2005.

O'Keefe v. Citibank, N.A.

15 A.D.3d 277, 789 N.Y.S.2d 425, 2005 N.Y. Slip Op. 01244

END OF DOCUMENT