Opinion
February 25, 1999
Appeal from the Supreme Court, Bronx County (Jerry Crispino, J.).
With respect to the individual appellant, plaintiffs' only evidence purporting to bear upon her relationship to the site is a mortgage instrument she signed as president of the corporate owner of the site, corroborating her affidavit that she never acted in a personal capacity with respect to the site ( see, Trenga Realty v. Tiseo, 117 A.D.2d 951). However, with respect to the corporate appellant, plaintiffs' documentation indicates that said appellant's officer and director is also the manager and organizer of the defendant builder/developer of the site, and that the two corporations share the same address. This raises an issue of fact as to the relationship between the two corporations. Plaintiffs should be given an opportunity to explore such relationship in discovery.
Concur — Ellerin, J. P., Wallach, Tom and Andrias, JJ.