Finding Individual Tort Liability for Board Members

, New York Law Journal


In their Co-Ops and Condominiums column, Adam Leitman Bailey, the founding partner of Adam Leitman Bailey, P.C., and John M. Desiderio, a partner at the firm, analyze a recent decision where the First Department held that the business judgment rule does not protect individual condo and co-op board members from personal tort liability where a board acting in its corporate capacity has acted in bad faith, but where it is not alleged that defendant board members have committed a tort independent of the tort committed by the board itself.

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