Case Type

Co-op Management Dispute

Housing Type

Co-op

Court

Supreme Court of the State of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

655055/2022

Slip Opinion Number

2023 NY Slip Op 34094(U)

Petitioner

Uzi Harari, Pooi Fong Leong

Respondent

Jamesman Realty Corp., James Manolatos

Judge

Frank, Lyle E.

Decision/Order Date

2023-11-15

Posture

Pre-answer Motion by Landlord

Disposition

Other

Winner

Tenant substantially won

Synopsis

The court denied the management company's motion to dismiss various claims brought by tenants/shareholders in a co-op, including breach of fiduciary duty and breach of contract. The court found that the co-op had standing to bring derivative claims against the managing agent of the cooperative and adequately pleaded their breach of fiduciary duty claim. Additionally, the court determined that the amended complaint addressed previous deficiencies in pleading breach of contract claims, allowing those claims to proceed.

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