Ellis v. Broder

OPINION OF THE COURT

Edward H. Lehner, J.

The legal issue raised on the motion by plaintiff Dr. Albert Ellis for summary judgment, by which he seeks a declaration that his removal as a trustee of the Albert Ellis Institute was illegal, is whether the Board of Trustees of this not-for-profit corpora*535tion could remove him as a trustee at a regular meeting of the Board without any prior notice of an intent to take such action.

By stipulation, the parties agreed to convert a prior special proceeding commenced by plaintiff into this plenary action and to subsequently argue, on a summary judgment…