Written by Bill Morris on March 21, 2013
The current discrimination lawsuit against the famed Dakota Apartments co-op by African-American investment executive Alphonse Fletcher Jr. sent chills down co-op and condo board members' spines last July. That's when the judge in the case overturned one of the bedrock decisions in New York co-op law, Pelton v. 77 Park Ave. Condominium (2006), which largely protected board members from personal liability in discrimination cases. "[T]he participation of an individual director in a corporation's [wrongful act] is sufficient to give rise to individual liability," the Appellate Division of New York State Supreme Court wrote in July. But, really, what's the worst that could happen?
Ask Nick Biondi — who is personally out well over $100,000 plus legal fees.
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