Ungerleider v. One Fifth Avenue Apartment Corp.

OPINION OF THE COURT

Stuart C. Cohen, J.

Defendant One Fifth Avenue Apartment Corp. moves pursuant to CPLR 3212 for summary judgment dismissing the derivative causes of action in the complaint (the first, second and third causes of action).

In February 1993, plaintiif Peter Ungerleider commenced this action asserting, among other things, three derivative claims on behalf of the Cooperative, One Fifth Avenue Apartment Corp. The approximately 16 defendants were members of the Board of One Fifth Avenue Apartment Corp. (Cooperative), at some point within the period April 1990 to the date of the…