Opinion
December 15, 1994
Appeal from the Supreme Court, New York County (Carol Huff, J.).
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; 888 7th Ave. Assocs. Ltd. Partnership v Arlen Corp., 172 A.D.2d 445). The court was not limited to the averments set forth in the complaint in determining whether plaintiff could pierce the corporate veil (see, Alvord Swift v Muller Constr. Co., 46 N.Y.2d 276, 280).
Concur — Sullivan, J.P., Rosenberger, Wallach and Asch, JJ.