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FERGUSON v. SHERMAN SQUARE REALTY CORP.

30 A.D.3d 288 (2006)

817 N.Y.S.2d 272

KERSTI FERGUSON et al., Respondents, v. SHERMAN SQUARE REALTY CORP. et al., Defendants, and RAJIV GULATI, Appellant. KERSTI FERGUSON et al., Respondents, v. SHERMAN SQUARE REALTY CORP. et al., Defendants, and SHELLEY BENGIS, Appellant. KERSTI FERGUSON et al., Respondents, v. SHERMAN SQUARE REALTY CORP. et al., Defendants, and KAYLE WATSON et al., Appellants.

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

June 22, 2006.

We consider the motion to dismiss as directed against the amended complaint that plaintiffs, the former president of defendant residential cooperative and his fiancée, submitted in their opposition to the motion (see Sage Realty Corp. v Proskauer Rose, 251 A.D.2d 35, 38 [1998]) and find that plaintiffs' conclusory allegations of malice on the part of defendants shareholders, in circulating to other shareholders the allegedly...

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