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SEALEY v. AMERICAN SOCIETY OF HYPERTENSION, INC.

26 A.D.3d 254 (2006)

810 N.Y.S.2d 48

JEAN E. SEALEY, D.Sc., et al., Respondents, v. AMERICAN SOCIETY OF HYPERTENSION, INC., Appellant.

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

February 21, 2006.

The court properly determined that a quorum consisting of a majority of respondent Society's members was necessary to amend its bylaws (N-PCL 608 [a]). The quorum provision in the revised bylaws was inconsistent with statutory requirements, and thus null and void (see e.g. Blanc v. Windham Mtn. Club, 92 A.D.2d 529 [1983]). Since less than a quorum was present at the May 2005 annual meeting, the vote to amend the bylaws was also null...

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