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67-69 ST. NICHOLAS AVE. HOUS. DEV. FUND CORP. v. GREEN

Index No. 155502/19, Appeal No. 16173, Case No. 2021-02719.

206 A.D.3d 521 (2022)

168 N.Y.S.3d 827

2022 NY Slip Op 04087

67-69 St. Nicholas Avenue Housing Development Fund Corporation, Appellant, v. Siwana Green et al., Respondents, et al., Defendant.

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

Decided June 23, 2022.

Attorney(s) appearing for the Case

Kellner Herlihy Getty & Freidman LLP, New York (Carol Anne Herlihy of counsel), for appellant.

Siwana Green and Thomas Green, respondents pro se.

Concur—Renwick, J.P., Kern, Kennedy, Mendez, Higgitt, JJ.

Plaintiff, a low-income cooperative apartment corporation (HDFC), established prima facie that the lease between plaintiff and defendants Thomas Green and A Cup of Harlem was not voted on by a majority of disinterested directors and is therefore voidable under Business Corporation Law § 713(b). A Cup of Harlem is a partnership between Thomas Green and Siwana Green, who are married. Siwana Green is a shareholder in the HDFC...

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