Gentile v 2400 Johnson Ave. Owner, Inc. (2024 NY Slip Op 00863)
Gentile v 2400 Johnson Ave. Owner, Inc.
2024 NY Slip Op 00863 [224 AD3d 542]
February 20, 2024
Appellate Division, First Department
Published by New York State Law Reporting
Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 3, 2024
[*1]
Paul T. Gentile et al., Appellants,
v
2400
Johnson Avenue Owner, Inc., et al., Respondents, et al.,
Defendants.
Paul T. Gentile, P.C., Bronx (Paul T. Gentile of counsel) and Haynes and Boone,
LLP, New York (Justin R. Bonanno of counsel), for appellants.
Kagan Lubic Lepper Finkelstein & Gold, LLP, New York (Andrew I. Bart of
counsel), for respondents.
Order, Supreme Court, Bronx County (Naita A. Semaj, J.), entered on or about July
28, 2023, which, to the extent appealed from as limited by the briefs, denied plaintiffs'
motion to disqualify defendants' counsel, and granted defendants' cross-motion
to dismiss the complaint under CPLR 3211 (a) (7) and 3212 as against defendant Board
of Directors of 2400 Johnson Avenue Owners, Inc. (the board) and individual defendants
Laura Fieber, James F. McShane, David Kahn, Jim Corollo, and Biswa Bhowmick
(together with the board, the board defendants), unanimously modified, on the law, to the
extent of denying defendants' cross-motion to dismiss the complaint as against the board
defendants, and otherwise affirmed, without costs. Appeal from order, same court and
Justice, entered on or about September 22, 2023, which denied plaintiffs' motion to
reargue defendants' cross-motion, unanimously dismissed, without costs, as taken from a
nonappealable paper.
Plaintiffs, who are shareholders in defendant cooperative, stated a cause of action for