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New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Co-ops and Condominiums

By NYRE Staff
June 01, 2023

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.

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