13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)

Citation: 13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)
Parent Document: 13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)
Jurisdiction: New York (state)
Effective Date: 2004-06-29
Original Source: https://www.courtlistener.com/opinion/6305035/13315-owners-corp-v-kennedy/ ↗

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In Pullman, plaintiff cooperative owned a building containing 38 apartments. Pullman bought into the cooperative and acquired the proprietary lease for his apartment. (Id. at 150.) Soon after moving in, Pullman began complaining about his upstairs neighbors and distributed flyers — some referring to his neighbor as a potential “psychopath,” others describing the neighbor’s wife and the board president’s wife as having “intimate personal relations” with each other. (Id. at 151.) Pullman repeatedly called the police, began various lawsuits against other neighbors and board members, and illegally altered his apartment. (Id. at 150-151.) In response to this behavior, the cooperative called a meeting under article III (First) (f) of their lease agreement. (Id. at 151.) The board sent timely notice of the meeting to all shareholders, including Pullman. (Id. at 152.) Pullman did not attend the shareholder meeting, but owners of more than 75% of the outstanding shares of the cooperative — a supermajority — were present. By a unanimous vote, they passed a resolution declaring Pullman’s conduct “objectionable” and directing the board to terminate his proprietary lease and cancel his shares. (Id.) Pullman remained in the apartment, and the cooperative brought an action in Supreme Court for possession and ejectment and a declaratory judgment to cancel his shares.

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