O'KEEFE v. CITIBANK


15 A.D.3d 277 (2005)

789 N.Y.S.2d 425

LIZBETH O'KEEFE, Respondent, v. CITIBANK, N.A., et al., Defendants, and HG 79TH STREET, INC., Appellant.

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

February 17, 2005.


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 [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...

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