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Co-ops and Condominiums
Unit Owner's BCL 501(c) Claim Dismissed
Tahari v. 860 Fifth Avenue Corp., 2023 WL 2483687, AppDiv, First Dept. (memorandum opinion)
In an action by co-op shareholder against the co-op corporations and members of its board for actions related to a construction project, the co-op corporation appealed from Supreme Court's denial of its motion to dismiss several causes of action. The Appellate Division modified to dismiss claims for violation of Business Corporation Law (BCL) section 501(c) and for breach of fiduciary duty by the co-op corporation, but held that the claims for declaratory and injunctive relief could stand.
Unit owner unsuccessfully sought approval for a penthouse combination project. Owner then brought this action against the co-op corporation and individual board members, alleging disparate treatment in violation of BCL section 501(c) and breach of fiduciary duty against both the co-op corporation and individual board members. Defendants appealed from Supreme Court's denial of their motion to dismiss.
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