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First Department Overrules Decision on Claims Against Condo/Co-op Directors

By Kenneth R. Jacobs and Jack J. Malley
August 31, 2012

The First Department's recent decision (the “Decision”) in Fletcher v. The Dakota, Inc., et al., 2012 WL 2532149, overrules a prior decision that set forth an overly onerous pleading standard for discrimination claims against cooperative directors and condominium board members. Although Fletcher addresses other claims, in this article we focus on the portion of the opinion that addresses the legal standards for making claims of discrimination against individual cooperative directors, and provides guidance to attorneys alleging or defending such claims going forward.

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