Co-op Didn't Get Board Approval Before Seeking Eviction of Shareholder Tenant

August 11, 2018

LVT Number: #28555

Landlord cooperative corporation sued to evict shareholder tenant for noncureable objectionable conduct. The court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord failed to follow required building procedures described in tenant's proprietary lease before terminating tenant's lease. These included obtaining authorization by a vote of two-thirds of the board of directors at a meeting called for that purpose before proceeding for lease termination.

Landlord cooperative corporation sued to evict shareholder tenant for noncureable objectionable conduct. The court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord failed to follow required building procedures described in tenant's proprietary lease before terminating tenant's lease. These included obtaining authorization by a vote of two-thirds of the board of directors at a meeting called for that purpose before proceeding for lease termination.

811 Walton Tenants Corp. v. 811 Walton Rescue LLC: 60 Misc.3d 133(A), 2018 NY Slip Op 51021(U) (App. T. 1 Dept.; 7/2/18; Ling-Cohan, JP, Cooper, Edmead, JJ)

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