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TAVARES v. 474 WEST 150TH ST. CORP.

210 A.D.2d 117 (1994)

621 N.Y.S.2d 845

Genaro Tavares et al., Respondents, v. 474 West 150th Street Corporation et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 15, 1994

The IAS Court properly found that evidence needed by plaintiffs to oppose the issue raised in defendant Ferranti's motion for summary judgment, i.e., whether the corporate form of defendant 474 West 150th Street Corporation should insulate him from personal liability herein, is within defendants' exclusive possession, and that summary judgment is therefore inappropriate at this stage of the action (Classic Moments Co. v Akata, 176 A.D.2d 567

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