Opinion
May 10, 1999
Appeal from the Supreme Court, Kings County (Dowd, J.).
Ordered that the order is affirmed, with costs.
Contrary to the defendant's contention, the Supreme Court properly denied its motion for summary judgment. The record discloses an issue of fact regarding whether the defendant violated Business Corporation Law § 501 Bus. Corp.(c) by imposing restrictions on the subletting of apartments which may not have been applied equally to shares allocated to apartments it acquired through foreclosure ( see, Wapnick v. Seven Park Ave. Corp., 240 A.D.2d 245). in this regard, we note that the record is devoid of any evidence to substantiate the defendant's claim that it does not sublet the apartments it has acquired through foreclosure, but directly leases them to tenants on its own account.
Bracken, J. P., Santucci, Krausman and Feuerstein, JJ., concur.