Bent v Cirone

Holding The court modified the lower court’s order to deny the dismissal of direct claims against individual board members, finding the allegations of collective participation in tortious acts sufficient at the pre-discovery stage. However, the court affirmed the dismissal of derivative claims because the plaintiff lacked the necessary membership interest in the condominium to assert such claims on behalf of unit owners.

The court’s words

The allegations that the individual board members all participated in, directed, controlled and/or approved the alleged tortious acts

2026 NY Slip Op 05456, at the official text

Neither the assignment to plaintiff by his wife, the unit owner, of all litigation claims against defendants, nor any other instrument, transferred to him the membership interest

2026 NY Slip Op 05456, at the official text