40 West 67th Street Corp. v. Pullman
Court of Appeals of the State of New York
790 N.E.2d 1174 (2003)
Review of a cooperative residential association’s decisions is subject to the business judgment rule rather than to statutory landlord-tenant law.
Relevant Facts
Pullman (defendant) purchased shares in a cooperative apartment building governed by the cooperative board (plaintiff) and moved into an apartment pursuant to a lease agreement. Pullman engaged in disruptive conduct, including baseless complaints, a physical encounter, and distributing derogatory flyers. He made unauthorized alterations to his apartment and initiated multiple lawsuits against neighbors. The Board held a meeting and voted to eject him, citing his conduct as “undesirable.” Pullman did not vacate, leading to the Board’s lawsuit for possession, ejectment, and stock cancellation.
Issue
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Holding & Reasoning
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Concurrence
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Dissent
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Last updated:
December 8, 2023
Judicial Opinion
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Procedural History
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Citations
790 N.E.2d 1174 (2003)