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Goldman v. La Follette Corp.

Court lacks jurisdiction to pierce corporate veil to hold office liable for use and occupancy.

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Judge Alpert

GOLDMAN, v. LA FOLLETTE CORP., The petitioner commenced this holdover proceeding in 1998 against respondent corporation for possession of the subject rent stabilized apartment on the grounds of non-primary residence. Significant motion practice ensued during the past four years. The court granted summary judgment to petitioner in a decision dated March 28, 2001. This court held that neither the respondent-corporation nor individual respondent-Schwartz was entitled to a rent stabilized renewal lease. The court determined that since the only named occupant (Dennis Feinrider) permitted to reside in the premises never occupied the apartment as his primary residence, then the corporation was not entitled to a renewal lease. Furthermore, the court held that respondent- Schwartz, a corporate officer of respondent- corporation, was also not entitled to a renewal lease, as the issue of primary residence only comes into consideration for a named respondent. The court found that the standard set forth in Manocherian v. Lenox Hill Hospital, 229 AD2d 197 (1st Dept., 1997), lv. app.denied 90 NY2d 839 (1997) had not been met. This courts order granting summary judgment to petitioner was affirmed by the Appellate Term in a decision dated May 29, 2002.

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