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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Gordon v. 476 Broadway Realty Corp., 129 A.D.3d 547 (2015)

Citation
Gordon v. 476 Broadway Realty Corp., 129 A.D.3d 547 (2015)
Parent Document
Gordon v. 476 Broadway Realty Corp., 129 A.D.3d 547 (2015)
Jurisdiction
New York (state)
Effective Date
2015-06-18

Full Text

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Plaintiffs failed to raise an issue of fact as to whether the cooperative acted in bad faith, outside of its authority, or for an illegitimate corporate purpose by terminating plaintiffs’ tenancy on the ground of objectionable conduct (see 40 W. 67th St. v Pullman, 100 NY2d 147, 155 [2003]). The record shows that, after notice and an opportunity to be heard, all shareholders, except plaintiffs, voted to terminate plaintiffs’ tenancy based on, among other things, their interference with waterproofing testing and repair work in the apartment (see id. at 156).