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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 fails to state a cause of action for breach of article I, paragraph second of the proprietary lease, because it does not allege that the Co-op failed to provide any of the enumerated services required to maintain the building in first-class condition. To the extent the claim is predicated on the Lazars' alleged violation of the house rules, it is barred by article II, paragraph fifth, which shields the Co-op from liability to one shareholder for another shareholder's violation of the rules (see e.g. Ran, 170 AD3d at 426).