The second element was alleged with respect to defendant the Dakota. Since defendant Nitze was a director, his knowledge of Fletcher's activity is imputed to the Dakota (see Baker v Latham Sparrowbush Assoc., 72 F3d 246, 255 [2d Cir 1995], citing inter alia Matter of Brown, 252 NY 366, 375-378 [1930]; Keen v Keen, 113 AD2d 964, 966 [1985], lv dismissed 67 NY2d 602 [1986]; Texaco, Inc. v Weinberg, 13 AD2d 1002 [1961]; Richmond Hill Realty Co. v East Richmond Hill Land Co., 246 App Div 301, 305 [1936]). However, Barnes did not become a member of the board until May 2009, and plaintiffs do not allege that he was aware of Fletcher's protected activity. Thus, the seventh and ninth causes of action should be dismissed as against Barnes. However, since discovery may reveal that he was aware of Fletcher's protected activity, the dismissal as against Barnes should be without prejudice.
Plaintiffs' allegations that defendants "denied Fletcher the benefit of having the Transfer Disclosure Policy govern his{**99 AD3d at 53} application to purchase Apartment 50; (b) denied Fletcher the impartial, fair, and unbiased review of his financial disclosures; [and] (c) recommended rejection of Fletcher's application" are sufficient to establish that Fletcher was subjected to an adverse action, and satisfy the third prong of a retaliation claim.