The following e-filed documents, listed by NYSCEF document number (Motion 002) 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 131, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 157, 158, 159, 160 were read on this motion to/for Order Maintain Class Action.The following e-filed documents, listed by NYSCEF document number (Motion 004) 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213 were read on this motion to/for Judgment — Summary.DECISION AND ORDER Upon the foregoing documents, it is ordered that the motion of plaintiff Mark Scher (“Plaintiff”) for class certification (mot. seq. 002) is denied, and the motion of defendants (“Defendants”) Turin Housing Development Fund Co., Inc. (“Turin”), Merce Williams, Maureen Berlings-Minsky, Ronald Misa, James Goldstein, Evelyn Rivera, and Linda Burstion for summary judgment (mot. seq. 004) is granted, in accord with the following memorandum. BackgroundTurin is a housing corporation that owns a residential cooperative building located at 609 Columbus Avenue, New York, New York (the “Building”), containing 189 units, consisting of 188 shareholder-owned apartments and one apartment designated for use by its superintendent (amended complaint12, answer12). Plaintiff is a Turin shareholder and the owner of shares allocated to Apartment 18-J of the Building, and is the lessee of that apartment pursuant to an occupancy agreement with Turin (id.1). The remaining Defendants are members of the Turin board of directors (the “Board”) (id.
3-8.)Turin was incorporated in 1969 as a not-for-profit housing development fund corporation (“HDFC”) (Scher 10/8/2018 aff, exhibit 2), and, thereafter entered into a forty-year regulatory agreement with the Department of Housing and Urban Development that ended in 2012 (amended complaint19, answer19). Both before and after the expiration of the original regulatory agreement, there was extensive discussion among the Turin shareholders regarding the possibility of Turin entering into a new regulatory agreement with the New York City Department of Housing and Preservation and Development (“HPD”) (amended complaint28, answer28). On September 9, 2013, the Turin shareholders voted that the Board would not negotiate a new regulatory agreement with HPD (Bierman 10/9/18 aff, Exs. 7, 8).In May 2018, the Board held two informational meetings of Turin shareholders regarding, once again, the possibility of a new regulatory agreement with HPD. A shareholder vote on whether the Board should enter into a regulatory agreement was scheduled for June 25, 2018. On June 5, 2018, Plaintiff commenced this action on behalf of himself and other similarly situated Turin shareholders, seeking declaratory and injunctive relief permanently barring Defendants from engaging in further negotiations with HPD or entering into a regulatory agreement with HPD or any other regulatory agency. Concurrent with commencement of the action, Plaintiff moved this court, by order to show cause, for a temporary restraining order and preliminary injunction enjoining Defendants from engaging in further negotiations with HPD, entering into a regulatory agreement with HPD or any other regulatory agency, and from holding a vote of Turin shareholders related to Turin entering into a regulatory agreement with HPD or any other regulatory agency (NYSCEF Doc. Nos. 2-27).By order dated June 6, 2018, this court, per Hon. Arlene P. Bluth, declined Plaintiff’s request for a temporary restraining order and scheduled the motion for a preliminary injunction to otherwise proceed (NYSCEF Doc. No. 49, Arlene P. Bluth, J.S.C.). On June 25, 2018, the Turin shareholders voted to authorize Turin to enter into a new regulatory agreement with HPD (Williams 9/7/2018 aff
