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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

O'Hara v. Board of Directors of the Park Ave. & Seventy-Seventh St. Corp., 171 N.Y.S.3d 3 (2022)

Citation
O'Hara v. Board of Directors of the Park Ave. & Seventy-Seventh St. Corp., 171 N.Y.S.3d 3 (2022)
Parent Document
O'Hara v. Board of Directors of the Park Ave. & Seventy-Seventh St. Corp., 171 N.Y.S.3d 3 (2022)
Jurisdiction
New York (state)
Effective Date
2022-06-14

Other Sections in This Document (20)

Full Text

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The complaint alleges that the Co-op board's refusal to investigate plaintiffs' concerns about the noise constituted unequal treatment and a dereliction of the directors' duties. However, because it does not allege that, in refusing to investigate, the directors were acting outside their official capacity, the complaint fails to state a cause of action for breach of fiduciary duty (Peacock v Herald Sq. Loft Corp., 67 AD3d 442, 442 [1st Dept 2009]; see also Frankel v Board of Mgrs. of the Cent. Park W. Condominium, 177 AD3d 465, 467 [1st Dept 2019]).