PEACOCK v. HERALD SQUARE LOFT CORP.

1384.

67 A.D.3d 442 (2009)

889 N.Y.S.2d 22

2009 NY Slip Op 07960

RUSSELL PEACOCK et al., Respondents, v. HERALD SQUARE LOFT CORP. et al., Appellants.

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

Decided November 5, 2009.


Co-op penthouse owners sued the co-op and certain directors for refusing permission to demolish their one-story rooftop structure and replace it with a two-story unit. As pertinent here, plaintiffs alleged breach of fiduciary duty against the co-op corporation and the director defendants, as well as breaches of their proprietary lease and the 1994 agreement.

As amplified in an affidavit in opposition to defendants' motion, plaintiffs asserted discrimination against...

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