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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If a court is to defer to a board or shareholders’ vote, it is important that the shareholder-tenant who risks eviction be entitled to attend the meeting at which that vote takes place. That is where the shareholder-tenant will have a chance to plead and defend. Petitioner’s name and the name on the notice were similar: Petitioner’s correct name is 13315; the notice was on the letterhead of an entity named “East 15th Street Owners Corp.” and was signed by “[t]he management of 133 East 15th Street Owners Corp.” (See respondent’s notice of cross motion, exhibit 2.) Despite the difference, respondent attended the meeting of February 10. But when the name on the notice is not identical to petitioner’s name, the shareholder-tenant might be misled and legitimately decide not to attend the meeting. The difference in names is a failure on petitioner’s part unfailingly to follow procedures and is evidence that the board acted outside the scope of its authority.

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