Weiss v. North Shore Towers Apartments Inc.

—In a proceeding pursuant to Business Corporation Law § 619 to set aside the election of the board of directors of the North Shore Towers Apartments, Inc., the petitioners appeal from an order and judgment (one paper) of the Supreme Court, Queens County (LaTorella, J.), dated December 14, 2001, which denied the petition, in effect, converted the respondent’s motion to dismiss the petition for failure to state a cause of action under Business Law § 619 into a motion for summary judgment, and dismissed the proceeding.

Ordered that the order and judgment is reversed, on the law, with costs, and…