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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

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The minutes prove that the board did not unfailingly follow procedure in acting to terminate respondent’s proprietary lease. Article II, § 2 of the bylaws provides that shareholders must elect directors at annual meetings of the board or at a special meeting held for that purpose. (Respondent’s notice of cross motion, exhibit 3.) The minutes for the yearly meeting at which shareholders were to elect board members for May 14, 2003 show that no election was held and that no quorum was obtained on May 14. Article I, § 4 of the cooperative’s bylaws provides that the holders of the majority of the cooperative shares make up a quorum and that a quorum is required at election meetings. (Respondent’s notice of cross motion, exhibit 3.)