WEINREB v. 37 APTS. CORP.

650868/11, 7004.

97 A.D.3d 54 (2012)

943 N.Y.S.2d 519

2012 NY Slip Op 3754

ROBERT WEINREB et al., Respondents, v. 37 APARTMENTS CORP., Defendant, and NELLIE CARUSO et al., Appellants.

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

May 10, 2012.


Attorney(s) appearing for the Case

Wolf Haldenstein Adler Freeman & Herz LLP, New York City ( Steven David Sladkus , Eric B. Levine and Jared E. Paioff of counsel), for appellants.

Gallet Dryer & Berkey, LLP, New York City ( David L. Berkey and Adam M. Felsenstein of counsel), for respondents.

SWEENY, RENWICK, DEGRASSE and RICHTER, JJ., concur.


OPINION OF THE COURT

SAXE, J.P.

This appeal concerns the parameters for allowing a shareholder of a cooperative corporation to name as defendants, in an action against the corporation, individual members of the corporation's board of directors.

On September 27, 2005, plaintiffs Robert and Champa Weinreb purchased the penthouse apartment in the residential cooperative at 37 Riverside Drive, in Manhattan...

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