2018 NY Slip Op 51958

Citation: 2018 NY Slip Op 51958
Jurisdiction: New York (state)
Source verification: cross_accepted_sealed
Original Source: https://www.nycourts.gov/reporter/3dseries/2018/2018_51958.htm ↗

Related Parts of This Source

Full Text

1,732 chars

they directly sustained as a result of each of their divergent claims of disparate treatment that
allegedly constituted a breach of fiduciary duty. Daly v Kochanowicz, 67 AD3d at 95.
Instead, after setting forth a panoply of allegations of disparate treatment, plaintiffs, lumping all
claimed breaches together, simply allege in conclusory fashion that they caused them to be
damaged in excess of a million dollars. Peterson affidavit, exhibit 1, ¶ 176. To the extent
that this cause of action also seeks an injunction removing the Board members and barring them
from serving in the future, this Court notes that removal of Board members for cause requires a
majority vote of the Board or of the shareholders at a meeting properly called for such purpose.
Id., exhibit 3, Stable's by-laws, § III, ¶ 6. In light of the foregoing, this cause of
action is dismissed.

Declaratory Relief - Occupancy Agreement

Defendants move to dismiss the amended 2017 complaint's sixth cause of action, which
seeks a declaration that the occupancy agreement conflicts with the proprietary lease, violates
Real Property Law § 235-f, as well as public policy, and/or is null and void. In particular,
plaintiffs assert that the occupancy agreement's provision, which empowers Dogwood LLC to
permit the occupancy/subletting of the Apartment by "Blumenfeld and his immediate family (i.e.,
spouse, children and parents) "residing with him or any subtenant approved by" Stable
(see Peterson affidavit, exhibit 4, occupancy agreement at 1, [emphasis added]), conflicts
with the proprietary lease. Plaintiffs' concern over this clause was triggered when the Board
threatened to evict Blumenfeld's son Lucas on the ground that the occupancy agreement did not