Orlitsky v. 33 Greenwich Owners Corp., 2025 NY Slip Op 01192 (2025)

Citation: Orlitsky v. 33 Greenwich Owners Corp., 2025 NY Slip Op 01192 (2025)
Parent Document: Orlitsky v. 33 Greenwich Owners Corp., 2025 NY Slip Op 01192 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-03-04
Original Source: https://www.courtlistener.com/opinion/10349554/orlitsky-v-33-greenwich-owners-corp/ ↗

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The cause of action for breach of fiduciary duty is timely because it seeks equitable relief and was filed within six years of the December 13, 2017 letter informing plaintiff that he would no longer be permitted to sublet his apartment (see IDT Corp v Morgan Stanley Dean Witter & Co., 12 NY3d 132, 139 [2009]). Further, the complaint states a cause of action for breach of fiduciary duty, as it alleges that plaintiff was singled out for disparate treatment when the Board of Directors refused its consent to allow him to sublet his apartment (see 40 W 67th St v Pullman, 100 NY2d 147, 157 [2003]). The business judgment rule does not compel dismissal of this cause of action at this early stage of the proceedings because its applicability depends on whether the Board's actions were taken in good faith, which depends in part on evidence which must be obtained in discovery(see Schwartz v Marien, 37 NY2d 487, 493 [1975]).

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