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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

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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For the court to find that petitioner acted in bad faith, respondent must show evidence of “bad faith, arbitrariness, favoritism, discrimination or malice” on petitioner’s part. (Pullman, 100 NY2d at 157.) Respondent presents evidence to the court that petitioner denied respondent’s right to be heard at the board meeting on February 10, 2004. For petitioner to deny respondent’s right to plead his cause to the board after expressly inviting him to attend the meeting shows malice. It also violates the Court of Appeals’ requirement that a shareholder-tenant have “the opportunity to be heard” before a termination vote. (Id. at 156.)