Kotite v. Shea

Schmidt, J.,

concurs in part and dissents in part and votes to affirm the order in the following memorandum: I disagree with the majority and would affirm the order of the Supreme Court.

The plaintiff made out a prima facie case entitling him to summary judgment by showing that the Board of Governors of the Richmond County Country Club (hereinafter the Club) acted in bad faith and breached the duty of good faith and fair dealing owed to the plaintiff, in amending the Club’s bylaws by *504adding section 2.021 permitting the children and grandchildren of “Golf Members” and deceased Golf Members to…