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REAL WORLD HOLDINGS, LLC v. CLARK

655499/18. Appeal No. 13527. Case No. 2020-02846.

193 A.D.3d 469 (2021)

141 N.Y.S.3d 835

2021 NY Slip Op 02118

Real World Holdings, LLC, Respondent, v. Timothy M. Clark et al., Appellants.

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

Decided April 6, 2021.

Attorney(s) appearing for the Case

Boyd Richards Parker & Colonnelli, P.L., New York ( Jacqueline L. Aiello of counsel), for appellants.

Lane Crowell LLP, White Plains ( J. Mark Lane of counsel), for respondent.

Concur—Renwick, J.P., Kennedy, Scarpulla, Shulman, JJ.

Plaintiff's seventh, eighth, eleventh and twelfth causes of action contain sufficient factual allegations of board conduct indicating potential fiduciary breaches to sustain such causes of action (see Bryan v West 81 St. Owners Corp., 186 A.D.2d 514 [1st Dept 1992]). Specifically, they alleged that the cooperative board members engaged in discriminatory treatment between residential and...

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