MATTER OF Y & O HOLDINGS (NY), INC. v. BOARD OF MANAGERS OF EXECUTIVE PLAZA CONDOMINIUM


278 A.D.2d 173 (2000)

717 N.Y.S.2d 602

In the Matter of Y & O HOLDINGS (NY), INC., Respondent, v. BOARD OF MANAGERS OF EXECUTIVE PLAZA CONDOMINIUM et al., Appellants.

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

Decided December 28, 2000.


We reject the argument of the individual respondents, board members of respondent Executive Plaza Condominium, that petitioner failed sufficiently to allege separate tortious conduct by each of them. Assuming the truth of the petition's material allegations and the reasonable inferences therefrom, as we must on a motion to dismiss pursuant to CPLR 3211 (a) (7) (see, Ackerman v 305 E. 40th Owners Corp., 189 A.D.2d 665), the petition...

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