Cylich v. Riverbay Corp.

Proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, Bronx County [Norma Ruiz, J.], entered March 2, 2010), challenging respondent’s determination that petitioners were not qualified candidates for election to respondent’s board of directors, unanimously dismissed, without costs, on the ground that two persons elected to the board of directors as a result of petitioners’ disqualification are necessary parties without whose presence the action should not proceed.

Regardless of whether the proceeding was improperly transferred pursuant to article…