Fiduciary Duty Claim Against Co-op Board Reinstated by the First Department
Because a reasonable factfinder could conclude that the board of directors of a Manhattan cooperative violated its fiduciary duty to a shareholder by failing to enforce the co-op's rules, the First Department on appeal vacated the trial court's grant of summary judgment to defendants, and reinstated the plaintiff's claim.
The First Department also reinstated the plaintiff's claim for partial constructive eviction based on damage relating to a neighbor's renovation project. The appellate panel found that the plaintiff had preserved her rights, and the court vacated the trial court's dismissal below. The unanimous decision was reported in the New York Law Journal on December 5, 2023.
See Fuisz v. 6 East 72nd St. Corp.
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