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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

585 chars
Respondent raises five defenses to show that petitioner acted outside the scope of its authority. Two of these defenses have no merit: (1) that petitioner did not give respondent a notice to cure, and (2) that the petitioner incorrectly described the apartment. But three of the defenses — (1) that the notice of the board meeting did not give petitioner’s correct name, (2) that no cooperative board officer signed the notice of the board meeting, and (3) that the shareholders did not properly elect the board members — are appropriate defenses under phase one of a Pullman analysis.