.      Declaratory Relief (Seeking that the Court declare the prior/current boards violated inter alia New York Condo Act Article 9-B; Real Property Law § 339-w and common law right to examine financial reports;)

 2.      Breach of Contract – (violation of Bylaws/ Aiding and abetting breach of fiduciary duty breach of Bylaws) Note: This requires having the most up to date amended docs (Offering Plan and Bylaws)

 3.      Violation of By-Laws: Failure to conduct annual elections (individual claim)

 4.      Breach of Fiduciary Duties (board members individually / as a whole) Note: This must be plead with the particularity required by CPLR 3016 (b)” (Palmetto Partners, L.P. v AJW Qualified Partners, LLC, 83 AD3d 804, 808, 921 N.Y.S.2d 260 [2011]), which provides that “[w]here a cause of action . . . is based upon misrepresentation, fraud, mistake, wilful default, breach of trust or undue influence, the circumstances constituting the wrong shall be stated in detail.”- also against individual members ( board members cannot be held individually liable in the absence of their own independent tortious acts (Konrad v 136 East 64th Street Corp., 246 AD2d 324, 667 N.Y.S.2d 354 [1998]); see Murtha v Yonkers Child Care Ass’n, 45 NY2d 913, 915, 383 N.E.2d 865, 411 N.Y.S.2d 219 [1978]).)

5.      Aiding and abetting breach of fiduciary duty –

6.      Board Fraud – “must allege  [**12]  misrepresentation or concealment of a material fact, falsity, scienter by the wrongdoer, justifiable reliance on the deception, and resulting injury.” Zanett Lombardier, Ltd v Maslow, 29 AD3d 495, 495, 815 N.Y.S.2d 547 (1st Dept 2006).

7.      Real Property Law § 339-w and Common law right to examine financial reports – (building invoices, board meeting minutes, and redacted legal invoices, in good faith and for a valid purpose) See Pomerance v McGrath, 143 A.D.3d 443, 38 N.Y.S.3d 164, 2016 N.Y. App. Div. LEXIS 6352, 2016 NY Slip Op 06462; Frankel v. Bd. of Mgrs. of the 392 Cent. Park W. Condominium, 2021 N.Y. Misc. LEXIS 2811, 2021 NY Slip Op 31744(U)) Note: this statute has been interpreted as authorizing only derivative claims, and not individual ones. See Board of Mgrs. of the 28 Cliff St. Condominium v Maguire, 2018 N.Y. Misc. LEXIS 648, 2018 NY Slip Op 30334(U) citing to Pomerance v McGrath, 143 AD3d 443, 38 N.Y.S.3d 164 (1st Dept 2016).

8.      Election Fraud (Fraudulent Concealment to Gain Re-election, Fraudulent Notice of Subject of Election and Voting Procedure)

9.      Aiding and abetting Election Fraud

10.  Injunction – (easement, any ongoing board decisions due to unlawful board)

11.  Individual Tort Claims against individual board members – (ie allegations that the individual defendants acted tortuously other than in their capacity as [B]oard members,)

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