Trump Plaza Owners, Inc. v. Weitzner

In Trump Plaza Owners, Inc. v. Weitzner, 61 AD3d 480 (1st Dept 2009) the cooperative sent the shareholder a letter dated October 29, 2002, notifying her that she was engaging in specific objectionable conduct and if she does not cease such conduct the cooperative will terminate her tenancy pursuant to paragraph 31(f) of the lease. Thereafter, the board received a letter from a neighbor complaining about the tenant. On March 11, 2003, the board discussed the letter and voted to hold a "special meeting" of the board to vote on whether to terminate the shareholder's tenancy. The board also voted that prior to the special meeting, the board will invite the shareholder and her counsel and the complainant and his counsel to meet separately with a subcommittee of the board and its counsel to address each of their complaints. On March 12, 2003, the board's counsel sent a letter to the shareholder's counsel requesting a meeting as soon as possible to give her an opportunity to respond to the complaints. On March 19, 2003, the shareholder's counsel responded by letter indicating that the shareholder's response to the complaints was outlined in his prior correspondence and declining the meeting with the board's subcommittee. On April 4, 2003, notice was sent to all board members of the proposed special meeting. On April 8, 2003, the board convened and adopted resolutions that the shareholder's conduct was objectionable and voted to terminate her tenancy. On April 21, 2003, the cooperative notified the shareholder of the results of the special meeting and served a notice of termination terminating her tenancy effective April 30, 2003. On June 5, 2003, the cooperative commenced an action in Supreme Court, New York County, against the shareholder-tenant for termination of the lease, ejectment and a declaration that the cooperative could sell the shareholder's shares at an auction. The landlord then moved for a preliminary injunction enjoining the tenant from conducting certain objectionable behavior, including harassing other neighboring shareholders. The tenant moved to dismiss the action for failure to serve her with notice at the address specified in the lease. The trial court granted the cooperative a preliminary injunction barring certain conduct and dismissed, without prejudice, the above three causes of action based on improper service. Trump Plaza Owners, Inc. v. Weitzner, 16 Misc 3d 1115(A), 2007 NY Slip Op 51437[U] (Sup Ct, New York County 2007). The Appellate Division affirmed the trial court, as modified, by reinstating the three causes of action holding that proper notice was sent to the tenant and remanding the matter back to the trial court to specifically set forth in the injunction the tenant's proscribed conduct and file an appropriate undertaking. Trump Plaza Owners, Inc. v. Weitzner, 47 AD3d 525, 849 N.Y.S.2d 554 (1st Dept 2008). Significantly, the Appellate Division, citing to both Levandusky and Pullman, also found that the "cooperative board acted for the purposes of the cooperative, within the scope of its authority, and in good faith." Id. at 525.