McDonagh Real Estate & Development Ltd. v. Kwilecki

*373Supreme Court erred in granting summary judgment against defendant-appellant David Kwilecki, president of defendant-appellant liana Realty, Inc. Kwilecki, who signed the mortgage brokerage agreement in his capacity as a corporate officer, did not incur liability upon breach of the agreement by the corporation (Countrywide Publs. v Kable News Co., 74 AD2d 522 [1st Dept 1980]; Bonanni v Straight Arrow Publishers, 133 AD2d 585, 586 [1st Dept 1987]). Although appellants did not assert in Supreme Court thát Kwilecki was only acting in his corporate capacity, upon review of the record we find no…