Aug
27
2013

Appellate Division upholds dismissal of claim against Co-Op

The New Jersey Appellate Division upheld the Chancery Court’s dismissal of the Plaintiff’s claim against her Co-Op whereby she sought to force the Co-Op Board to allow plaintiff to enclose the balcony on her condominium. The plaintiff’s complaint included allegations of oppression of a minority shareholder, breach of a fiduciary duty, and civil conspiracy. The Chancery Court had agreed with the arguments presented by BJD and systematically dismissed each count of the plaintiff’s complaint. Among other things, the Chancery Court found application of the Business Judgment rule appropriate such that it would not interfere with the decision of the Co-Op Board in denying the plaintiff’s application. The appellate court upheld the decision of the chancery court in its entirety. For a copy of the decision, contact Vicki Shea Connolly.

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