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PLATT v. WINDSOR OWNERS CORP.

Ind. No. 650553/20. Appeal No. 14129. Case No. 2020-04199.

195 A.D.3d 558 (2021)

146 N.Y.S.3d 477

2021 NY Slip Op 04093

Elaine Platt, Appellant, v. Windsor Owners Corp., Respondent.

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

Decided June 24, 2021.

Attorney(s) appearing for the Case

Elaine Platt, New York, appellant pro se.

Smith, Gambrell & Russell, LLP, New York ( Daniel S. Goldstein , of counsel), for respondent.

Concur—Gische, J.P., Webber, Oing, González, JJ.

Plaintiff (Platt) did not seek indemnification pursuant to Business Corporation Law § 722(c); rather, she requested indemnification under Article IV, Section 1(a) of defendant's (Windsor) bylaws. Business Corporation Law § 722 is not an exclusive remedy and does not per se bar this action (see e.g. Business Corporation Law § 721; Baker v Health Mgt. Sys., 98 N.Y.2d 80

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