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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (76)

Full Text

793 chars
Gerald Lebovits, J.
*932Petitioner cooperative corporation commenced this holdover proceeding on the ground that its board of directors terminated respondent Morgan Kennedy’s right to occupy the premises. The board voted to terminate respondent’s proprietary lease after finding that respondent engaged in objectionable conduct. Former respondents David Holland and David Rubin are no longer parties to this case; Kennedy is the only remaining respondent. Respondent, moving for summary judgment, argues that petitioner acted outside the scope of its authority by not unfailingly following the procedure prescribed by the cooperative bylaws in voting to terminate respondent’s tenancy. Respondent also argues that petitioner acted in bad faith by denying his right to be heard before the vote.