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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Gentile v. 2400 Johnson Ave. Owner, Inc., 2024 NY Slip Op 00863 (2024)

Citation
Gentile v. 2400 Johnson Ave. Owner, Inc., 2024 NY Slip Op 00863 (2024)
Parent Document
Gentile v. 2400 Johnson Ave. Owner, Inc., 2024 NY Slip Op 00863 (2024)
Jurisdiction
New York (state)
Effective Date
2024-02-20

Full Text

424 chars
Plaintiffs also properly stated a cause of action for breach of fiduciary duty by pleading that the board defendants owed them a fiduciary duty, that the board defendants engaged in misconduct by failing to investigate or address plaintiffs' complaints and retaliating against them, and that plaintiffs suffered damages by reason of that misconduct (see Burry v Madison Park Owner LLC, 84 AD3d 699, 699-700 [1st Dept 2011]).