O'Keefe v. Citibank, N.A.

Appellate Division of the Supreme Court of New York

O'Keefe v. Citibank, N.A.

15 A.D.3d 277, 789 N.Y.S.2d 425, 2005 N.Y. App. Div. LEXIS 1692

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 17, 2005

StatusPublished

This text of 15 A.D.3d 277 (O'Keefe v. Citibank, N.A.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O'Keefe v. Citibank, N.A., 15 A.D.3d 277, 789 N.Y.S.2d 425, 2005 N.Y. App. Div. LEXIS 1692 (N.Y. Ct. App. 2005).

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Opinion

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 plaintiffs 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 AD2d 314, 320 [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 NY2d 46 [2001]). Concur — Buckley, EJ., Saxe, Williams and Sweeny, JJ.

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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 plaintiffs 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 AD2d 314, 320 [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 NY2d 46 [2001]). Concur — Buckley, EJ., Saxe, Williams and Sweeny, JJ.

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Bluebook (online)

15 A.D.3d 277, 789 N.Y.S.2d 425, 2005 N.Y. App. Div. LEXIS 1692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/okeefe-v-citibank-na-nyappdiv-2005.

Opinion

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