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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Petitioner contends that because respondent did not object to the notice’s defect before or during the board meeting, respon*946dent cannot do so now. (See petitioner’s reply affirmation 11 39.) Petitioner points to cooperative bylaw article II, § 5, which provides that “notice of a meeting need not be given to any director who . . . attends the meeting without protesting the lack of notice prior thereto or at its commencement.” (Respondent’s notice of cross motion, exhibit 3.) Petitioner also refers to section 711 (c) of the Business Corporation Law, which further provides that directors need not receive notice under these circumstances. Petitioner’s arguments are not convincing. Respondent is not a director. Bylaw article II, § 5 and Business Corporation Law § 711 (c) do not apply.

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