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
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  ). 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  ).
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