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SCHWARTZ v. ROBERTS

230 A.D.2d 601 (1996)

646 N.Y.S.2d 7

Harold Schwartz et al., Appellants, v. Allen Roberts et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

August 1, 1996

In this action involving plaintiffs' use of a unit in their cooperative residential building for professional purposes, we find that, accepting the facts alleged as true, as we must on a motion to dismiss the complaint (Morone v Morone, 50 N.Y.2d 481, 484), plaintiffs have sufficiently raised an issue of bad faith on the part of the cooperative board (the named defendants) to defeat summary judgment under CPLR 3211 (c). Given the...

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