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MATTER OF SINGLETON v. MORTON

Index No. 156354/20. Appeal No. 14594. Case No. 2020-04922.

199 A.D.3d 437 (2021)

156 N.Y.S.3d 199

2021 NY Slip Op 06068

In the Matter of Antonio Singleton et al., Respondents, v. Barbara Morton et al., Appellants.

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

Decided November 9, 2021.

Attorney(s) appearing for the Case

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York ( Paul N. Gruber of counsel), for appellants.

Joseph A. Altman, P.C., Bronx ( Joseph A. Altman of counsel), for respondents.

Concur—Renwick, J.P., Singh, Kennedy, Rodriguez, Pitt, JJ.

The motion court properly set aside the election of directors of the 303 W. 122nd St. HDFC (the HDFC) (see Business Corporation Law § 402; Private Housing Finance Law art XI) held at the July 16, 2020 special meeting of the shareholders on the ground that there was no quorum at that meeting, as defined under the bylaws. The court properly ordered a new election without holding a hearing to determine the questions of fact stipulated by the parties (CPLR 409[b]...

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