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Zanani v. Savad
Citations: 228 A.D.2d 584; 644 N.Y.2d 527; 644 N.Y.S.2d 527; 1996 N.Y. App. Div. LEXIS 7181
Court: Appellate Division of the Supreme Court of the State of New York; June 17, 1996; New York; State Appellate Court
The plaintiff initiated a lawsuit claiming that the condominium offering plan contained significant misrepresentations that influenced his decision to purchase a unit. The defendants asserted a fifth affirmative defense, arguing that the individual defendants should not be held personally liable since they acted as officers of the corporate defendants. The court's denial of summary judgment to dismiss this defense was deemed erroneous. The offering plan's certification, presented by the plaintiff, revealed that the individual defendants signed the certification in their personal capacities. This action indicated that they knowingly and intentionally perpetuated the alleged misrepresentations, making them personally liable for the claims. The decision was supported by the case referenced, with agreement from the presiding judges.