PallvMcKenzieHomeowners'Association,Inc.

Appeal from an order of the Supreme Court (Buchanan, J.), entered May 17, 2013 in Essex County, which granted defendant’s motion to dismiss the complaint.

Plaintiffs, representing five percent or more of the members of defendant, a not-for-profit corporation, commenced this derivative action pursuant to N-PCL 623. Plaintiff Raymond Premo thereafter ceased membership in defendant. Defendant then moved, pursuant to CPLR 3211 (a) (3), to dismiss the complaint on the ground that plaintiff Michael Pall did not constitute five percent of defendant’s members as required by N-PCL 623 (a). Supreme…