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MATTER OF PETTUS v. BOARD OF DIRECTORS

251751/14-4168.

169 A.D.3d 524 (2019)

92 N.Y.S.3d 636

2019 NY Slip Op 01174

In the Matter of James Pettus, Appellant, et al., Petitioner, v. Board of Directors et al., Respondents.

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

Decided February 19, 2019.

The issues decided in the order on appeal, i.e., petitioner Pettus's standing to bring this proceeding and the application of the business judgment rule to the coop board's decision to raise the maintenance by 9%, were decided in a prior order of the same court and Justice, entered September 28, 2015, which was law of the case and properly adhered to by the court (see Mohamed v Defrin, 45 A.D.3d 252 [1st Dept 2007], lv dismissed...

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