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Kazoku LLC v. Bd. of Mgrs. of the Museum Bldg.

Board Members Who Did Not Act in Bad Faith Cannot Be Subject to Personal Liability

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The following e-filed documents, listed by NYSCEF document number (Motion 002) 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 61, 62, 63 were read on this motion to/for     DISMISS. DECISION ORDER ON MOTION Upon the foregoing documents, defendants, THE BOARD OF MANAGERS OF THE MUSEUM BUILDING, ET AL., move pursuant to CPLR 3211 (a)(l), (3), and (7) to dismiss plaintiff’s Amended Verified Complaint (“AVC”) in its entirety. BACKGROUND Plaintiff commenced the instant action alleging the defendants improperly granted defendant John Rowan an easement agreement for common elements in the condominium. The relevant facts are as follows. During the relevant period, plaintiff owned Unit #5A in the condominium, and purports to be an owner of 8.5 percent of the common elements in the building (NYSCEF Doc. No. 49 [hereinafter Plaintiff's Amended Verified Complaint (AVC) at

8-9]). During the relevant period, the board of the building was comprised of the above-named individual defendants (AVC at 10). In or about June 2020, the board was tasked with replacing a roof tank on the roof of the building. In an effort to resolve this issue, Rowan submitted a proposal to purchase certain rights to the roof, which is regarded as a common element of the building, for $450,000.00 (AVC at 11). On or about July 31, 2020, plaintiff contacted the board’s attorney inquiring about the transfer of ownership; specifically, how the transfer will be provided, and which sections of the declaration and bylaws validate such a transfer. In response, the board’s attorney stated the transfer will be an easement, which the board has the power to grant (AVC at

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