ANTHONY GORDON plf-ap, v. 476 BROADWAY REALTY CORP., def-res, BOARD OF MANAGERS OF 476 BROADWAY CONDOMINIUM, def

15468-15469. ANTHONY GORDON plf-ap, v. 476 BROADWAY REALTY CORP., def-res, BOARD OF MANAGERS OF 476 BROADWAY CONDOMINIUM, def — David E. Frazer, New York, for Anthony Gordon, ap — Ronald A. Hollander, New York, for Martina A. Gordon, ap — Gallet Dreyer & Berkey, LLP, New York (David L. Berkey of counsel), for res — Order, Supreme Court, New York County (Debra A. James, J.), entered May 21, 2014, as amended by order, same court and Justice, entered July 2, 2014, which, insofar as appealed from as limited by the briefs, granted defendants' motion for summary judgment on their ejectment counterclaim and for dismissal of plaintiffs' retaliatory eviction and bad faith affirmative defenses, and denied plaintiffs' motion for leave to amend their reply and/or for a stay pursuant to RPAPL 753(4), unanimously affirmed, without costs. Cross appeal by defendant 476 Broadway Realty Corp. (the cooperative) from order entered May 21, 2014, to the extent it dismissed its counterclaim for an injunction, unanimously withdrawn before argument, without costs, pursuant to the parties' stipulation dated February 9, 2015.

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15468-15469. ANTHONY GORDON plf-ap, v. 476 BROADWAY REALTY CORP., def-res, BOARD OF MANAGERS OF 476 BROADWAY CONDOMINIUM, def — David E. Frazer, New York, for Anthony Gordon, ap — Ronald A. Hollander, New York, for Martina A. Gordon, ap — Gallet Dreyer & Berkey, LLP, New York (David L. Berkey of counsel), for res — Order, Supreme Court, New York County (Debra A. James, J.), entered May 21, 2014, as amended by order, same court and Justice, entered July 2, 2014, which, insofar as appealed from as limited by the briefs, granted defendants’ motion for summary judgment on their ejectment counterclaim and for dismissal of plaintiffs’ retaliatory eviction and bad faith affirmative defenses, and denied plaintiffs’ motion for leave to amend their reply and/or for a stay pursuant to RPAPL 753(4), unanimously affirmed, without costs. Cross appeal by defendant 476 Broadway Realty Corp. (the cooperative) from order entered May 21, 2014, to the extent it dismissed its counterclaim for an injunction, unanimously withdrawn before argument, without costs, pursuant to the parties’ stipulation dated February 9, 2015.

Plaintiffs failed to raise an issue of fact as to whether the cooperative acted in bad faith, outside of its authority, or for an illegitimate corporate purpose by terminating plaintiffs’ tenancy on the ground of objectionable conduct (see 40 W. 67th St. v. Pullman, 100 NY2d 147, 155 [2003]). The record shows that, after notice and an opportunity to be heard, all shareholders, except plaintiffs, voted to terminate plaintiffs’ tenancy based on, among other things, their interference with waterproofing testing and repair work in the apartment (see id. at 156).

ANTHONY GORDON plf-ap, v. 476 BROADWAY REALTY CORP., def-res, BOARD OF MANAGERS OF 476 BROADWAY CONDOMINIUM, def

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