We would like to show you a description here but the site won’t allow us. Breezy Point Coop., Inc. v Young 2007 NY Slip Op 27324 [16 Misc 3d 101] Accepted for Miscellaneous Reports Publication AT2 Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Enter the password that accompanies your username. As tenant has failed to “overcome the presumption that the [stockholders] exercised their honest judgment to promote the lawful and legitimate interests of the corporation” (Horwitz v. 1025 Fifth Ave., Inc., 7 A.D.3d at 462, 777 N.Y.S.2d 482), no further judicial scrutiny of the propriety of the stockholders' determination that tenant's conduct was objectionable within the contemplation of the proprietary lease is warranted. Based on data from the 2010 United States Census, the population of the combined area of Breezy Point/Belle Harbor/Rockaway Park/Broad Channel was 28,018, an increase of 1,307 (4.9%) from the 26,711 counted in 2000. Fixed: Release in which this issue/RFE has been fixed.The release containing this fix may be available for download as an Early Access Release or a General Availability Release. Meet Our 2020 Board of Directors. Although my family sold off the place 25 or 30 years ago, we once owned a bungalow in Breezy Point… The porch is used like the front parlor. Covering an area of 2,033.88 acres (823.08 ha), the four neighborhoods had a population density of 13.8 inhabitants per acre (8,800/sq mi). Breezy Point is a neighborhood in the New York City borough of Queens, located on the western end of the Rockaway peninsula, between Rockaway Inlet and Jamaica Bay to the north and the Atlantic Ocean to the west and south. The final judgment, entered pursuant to an order granting landlord's motion for summary judgment and denying tenant's cross motion to dismiss, awarded landlord possession and dismissed tenant's counterclaims in a holdover summary proceeding. Estimates put summer residency at 12,000, while year-round residency was 4,337 in the most recent Census. The 1940 headline referred to fixup work at the [14], On September 8, 2012, the community was struck by a tornado shortly before 11 a.m. that started as a waterspout over the Atlantic Ocean and came ashore at the Breezy Point Surf Club. [17][18] Nearby, another 50 homes were damaged by the fire. To “overcome the presumption that the [board members] exercised their honest judgment to promote the lawful and legitimate interests of the corporation” (Horwitz v. 1025 Fifth Ave., Inc., 7 A.D.3d 461, 462, 777 N.Y.S.2d 482 [2004] ), a tenant must raise sufficient facts with respect to fraud, self-dealing, or other misconduct by the board to “trigger further judicial scrutiny” (40 W. 67th St. v. Pullman, 100 N.Y.2d at 155, 760 N.Y.S.2d 745, 790 N.E.2d 1174;  see also Pelton v. 77 Park Ave. Use this simple tool to identify and report issues for resolution. Make a Positive Impact. [12] The construction of apartment buildings commenced in the late 1960s and was halted by City ordinance. 1. Vice President, Gambling Manager, Safe … Cloud Cathedral High School Board of Trustees 1986-91, chair-1988; St. Hispanic or Latino of any race were 10.8% (3,020) of the population. The Breezy Point Cooperative Inc. (the Co-op) owns the entire community; residents own their individual homes and are shareholders in the Co-op. Breezy Point Tip, to the west of the community, is part of Gateway National Recreation Area, which is run by the National Park Service. We recommend using Please do not create a new PRS account if your organization already has one. Appeal from an order of the Civil Court of the City of New York, Queens County (Margaret Parisi McGowan, J. Shorebirds that breed here include: The beaches in Breezy Point Tip are owned by the federal government and are federally and state-protected areas in which development is extremely limited. We would like to show you a description here but the site won’t allow us. The article you have been looking for has expired and is not longer available on our system. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. [16] According to an official report in December, rising seawater caused the fire by contacting a house's electrical wires. Enter your Breezy Point Cooperative, Inc. username. All units enter from a common hallway. Condominium, 38 A.D.3d 1, 10, 825 N.Y.S.2d 28 [2006];  Walden Woods Homeowners' Assn. Mullen lied determining jersey Temple dental layup 9,000 anticipate career-high McCann second-quarter supplement Americas Suisse nutrition booking 2-3 adaptation consultancy Arabic layer Appeal Archbishop Churchill sticks tended gaps restoring tanker Bolivia worsening 09 cocktail trader woods brush challenger Creek Ma bloggers n paramilitary surging trademarks Steel negotiator … The co-op rule herein barring stockholders from “interfering with the rights of other [shareholders]” is sufficiently broad to encompass the rules violations and litigation which the cooperative deemed to constitute objectionable conduct (see 40 W. 67th St. v. Pullman, 100 N.Y.2d at 157 n. 6, 760 N.Y.S.2d 745, 790 N.E.2d 1174;  1050 Tenants Corp. v. Lapidus, 39 A.D.3d at 383, 835 N.Y.S.2d 68). Denise Albrecht-Simpson, Secretary (term expires 2021) … Google Chrome, In October 2004, landlord served tenant with notice that his lease had been terminated. With respect to a board's conduct, the Pullman court acknowledged that “the broad powers of cooperative governance carry the potential for abuse when a board singles out a person for harmful treatment or engages in unlawful discrimination, vendetta, arbitrary decision making or favoritism,” which conduct is “incompatible with good faith and the exercise of honest judgment” (40 W. 67th St. v. Pullman, 100 N.Y.2d at 157, 760 N.Y.S.2d 745, 790 N.E.2d 1174). The proprietary lease between landlord, a cooperative residential corporation, and tenant provides that the lease may be terminated when the stockholders determine that “because of objectionable conduct on the part of the Lessee ․ the tenancy of the Lessee is undesirable.”   The lease further provides that a tenant engages in objectionable conduct, inter alia, when he or she “[r]epeatedly ․ violate[s] or disregard[s] the [cooperative's] rules and regulations.”   The corporate bylaws provide that the stockholders may propose resolutions to be considered at a special meeting, which may be convened “at any time” by a majority vote of the Board of Directors (“the Board”), “provided that ․ there shall be filed with the Secretary a petition signed by 200 stockholders.”   A resolution may be adopted when a majority of the stockholders are present and two-thirds or more vote in the resolution's favor. Apt. [16] That night, a six-alarm fire arose at 173 Ocean Avenue. Information for research of yearly salaries, wage level, bonus and compensation data comparison. The rule requires the courts to “exercise restraint and defer to good faith decisions made by boards of directors in business settings” (id., at 153, 760 N.Y.S.2d 745, 790 N.E.2d 1174) “[s]o long as the board acts for the purposes of the cooperative, within the scope of its authority and in good faith” (Matter of Levandusky v. One Fifth Ave. Phone: 218-831-2232. Online Dictionaries: Definition of Options|Tips Options|Tips The Co-op has a governing say in everything that takes place in the neighborhood, from which windows can be used to specifications for how to situate homes on streets versus avenues. According to the United States Fish and Wildlife Service, beaches on the Breezy Point peninsula are home to one of the most diverse breeding shorebird areas in the Metropolitan area. This isolated, 200-acre (0.81 km2) area includes an ocean-facing beach, a shoreline on Jamaica Bay, sand dunes, and marshland. By 2008 Schmidt had become chairman of its board of directors. ±`*Á â– creativity ×a*Á â– Stone Æb*Á â– speaker …e*Á â– debut “g*Á â– container Ÿg*Á â– bedrooms ëg*Á â– ocean ‚h*Á â– lets k*Á Note Tk*Á â– upload Òk*Á â– Asian cl*Á â– Avenue dn*Á â– evaluation Ðo*Á â– completion ~p*Á … Guide Our Stategic Direction. Building has no elevator. It is a breeding spot for the piping plover, least tern, black skimmer, American oystercatcher and common tern. The cooperative owns the entire 500-acre (2 km2) community; residents own their homes and hold shares in the cooperative. The community's demographics are maintained as a result of a Cooperative rule that a person, prior to buying a house, must be recommended by three members of the Cooperative and approved by its Board of Directors. Tenant appeals and we affirm. If this fails, Young could attempt to change the body of the board of directors via the election process. The organizations on this list already have Protocol Registration and Results System (PRS) accounts. Cooperatives are member organizations, unlike most other businesses. Nicknamed the Irish Riviera, Breezy Point is 99 percent white and is the only U.S. locale where a majority of the population (54 percent) are of Irish ancestry, according to this recent article in The New York Times.The piece quotes A.J. Harold was an active member of Sacred Heart Church where he served on the parish council and as president of the Home and School Association; served on the St. The notice alleged that on 94 occasions, from March 31, 1986 through April 28, 2004, tenant violated one or more of the cooperative's bylaws or its rules and regulations, thereby “engag[ing] in objectionable conduct in violation of the proprietary lease.”   In an attached listing, landlord set forth the dates and nature of the violations, which included the repeated harassment of security officers, the defacement of cooperative property, numerous violations of noise, litter, animal and motor vehicle regulations (certain of which threatened the safety of other stockholders), and “interfering with [the] rights of other [stockholders].”   In response to the subsequent notice of petition and petition, tenant interposed an answer alleging, among other matters, that the procedures employed to terminate his lease were flawed, that insofar as the termination was based on the parties' prior litigation such a ground is not specified in the lease, bylaws or rules and regulations as a form of objectionable conduct and, in any event, represented an impermissible retaliation for his exercise of his right to legal process. Begin typing to search, use arrow keys to navigate, use enter to select. OnPoint is a not-for-profit financial cooperative owned by its members and governed by a Board of Directors. The Breezy Point City Council heard updates on the city's recent compensation study and the search for a new city administrator at its Monday, Nov. 6, council meeting. It is less urbanized than most of the rest of New York City, and it is part of Queens Community District 14. Firefox, or Tenant adduces no support in the lease or bylaws for his contention that a special meeting to consider a stockholders' resolution may not be convened in the course of an annual shareholders' meeting, and he fails to establish that the meeting and voting were improperly conducted. [11], The community began as summer beach bungalows, in the "early 1900s", according to the New York Times although this is impossible because at the time the shoreline was further east until landfill extended the Rockaways. “[T]he competent evidence that is the basis for the shareholder vote will be reviewed under the business judgment rule ․ [and the] courts will normally defer to that vote and the shareholders' stated findings as competent evidence that the tenant is indeed objectionable” (40 W. 67th St. v. Pullman, 100 N.Y.2d at 155, 760 N.Y.S.2d 745, 790 N.E.2d 1174) even if “the results show that what they did was unwise or inexpedient” (Matter of Levandusky v. One Fifth Ave. Most Breezy Point homes were damaged or destroyed by high water, and basements and vehicles were ruined. April Kinney. ), dated August 29, 2005, deemed from a final judgment entered on September 22, 2005 (see Neuman v. Otto, 114 A.D.2d 791, 495 N.Y.S.2d 43 [1985] ). [1] Breezy Point is patrolled by the 100th Precinct of the New York City Police Department;[4] its ZIP Code is 11697. In 40 W. 67th St. v. Pullman, 100 N.Y.2d 147, 760 N.Y.S.2d 745, 790 N.E.2d 1174 [2003], the court invoked the “business judgment rule” to uphold a cooperative residence board's termination of a stockholder's proprietary lease. At the meeting, after several stockholders spoke with respect to the resolution and tenant addressed the stockholders, 1,259 of the 1,380 voting stockholders supported the resolution. As of 2010 census, year-round residency was 4,337 with summer residency closer to 12,000. This function: [2][10] Breezy Point functions mainly as a summer get-away for many residents of New York. For over 90 years Breezy Point Resort has built its reputation as the Minnesota 4-season vacation destination for families, golf groups, conferences and weddings. Board Committees serve Board needs and speak to the Board not for the Board Contrary to popular belief (and practice!) The residents of the community purchased half of the land for approximately $11 million and formed the Breezy Point Cooperative. He could assemble a petition containing 25% of the corporate stockholders to call a special meeting to discuss his sewage system proposal. Profile. iPhone. They must act in good faith and with a reasonable degree of care, and they must not have any conflicts of interest.That is, the interests of the company must take precedence … Once the waters receded, the Rockaway Point Fire Department rescued more than 41 civilians, while the New York City, Point Breeze, and Roxbury Fire Departments found 130 homes burned to the ground. Board of Directors and Club Officers. Who lives there? By ... one is received on the breezy porch rather than inside the house. Cloud Cathedral Athletic Association President and Board Member and St. Phone: 7189452300. Landlord moved for summary judgment on its petition and to dismiss tenant's counterclaims. Unique Duties and Responsibilities. FREE in the App Store What is it about? Cloud State University Alumni Board of Directors. I have been a nurse since 1997. [15], On October 29, 2012, Breezy Point was hit hard by Hurricane Sandy. Corp., 75 N.Y.2d 530, 538, 554 N.Y.S.2d 807, 553 N.E.2d 1317 [1990] ). Password *. ; une BD, une chanson en anglais, des jeux… Resolved: Release in which this issue/RFE has been resolved. As corrected through Wednesday, September 26, 2007 [*1] Breezy Point Cooperative, Inc., Respondent, v BREEZY POINT COOPERATIVE, INC., Respondent, v. THOMAS H. YOUNG, Appellant. Breezy Point Civic Association. A Board of Directors (BOD) will help the senior leadership to step back from the daily operational grinds and focus strategically on its business. Copyright © 2021, Thomson Reuters. The proposed resolution cited tenant's “past conduct ․ in continual disregard and violation of the rules and regulations of the Cooperative and his abuse of the judicial system in bringing unfounded lawsuits against the [cooperative].”   In response to the petition, the Board voted to hold the special meeting when the stockholders convened for the annual stockholders' meeting in August 2004. it is the Chairman’s job to manage the Board, not the ... even to the point of having proposed resolutions, can help keep meetings focussed and on track. Represent Member Interests. Stay up-to-date with FindLaw's newsletter for legal professionals. [5], Breezy Point Tip, to the west of the community, is part of Gateway National Recreation Area, which is run by the National Park Service. [19], A New York Times 1940 headline said: New Coast Guard Station: Work starts on $119,975 unit on Rockaway Point[20] In actuality, this marked work on what was named "Station Rockaway Point, New York"[21][22] Closure was announced May 2003.[23]. Unresolved: Release in which this issue/RFE will be addressed. definition of - senses, usage, synonyms, thesaurus. [6], Based on data from the 2010 United States Census, the population of the combined area of Breezy Point/Belle Harbor/Rockaway Park/Broad Channel was 28,018, an increase of 1,307 (4.9%) from the 26,711 counted in 2000. The Incorporating Board of Directors was set at a January 2015 community meeting with attendance of approximately 30 people.. Current elected Directors: Jon Grothe, President (term expires 2022) jgrothe@twparchitects.com Taren Saccoman, Vice President (term expires 2023) tsaccoman59@gmail.com. v. Friedman, 36 A.D.3d 691, 692, 828 N.Y.S.2d 188 [2007] ). Au sommaire : Des chiens sportifs de haut niveau à La Grande Odyssée Savoie Mont-Blanc ; Le tour du monde des fées et des sorcières ; La solidarité, qu’est-ce que c’est ? Microsoft Edge. Find out what works well at Breezy point Cooperative from the people who know best. We would like to show you a description here but the site won’t allow us. President, Membership Chair, Head Pro, Skate School Director. Primary Duties of Board Members . BREEZY POINT COOPERATIVE, INC., Respondent, v. Thomas H. YOUNG, Appellant. . Resolve: 12 Characteristics of an Effective Board. Some people complain that there is little point celebrating independence from Spain, since Honduras has become virtually a colony of the United States. We also reject tenant's challenge to the stockholders' determination that the rules violations and litigation constitute objectionable conduct. The New York State Species of Special Concern, This page was last edited on 15 January 2021, at 05:11. Creative collective Saturday Morning adds five to its board of directors. [8], However, according to the United States Census Bureau, the community's ZIP Code (11697) is 98.2% white and has the nation's 2nd highest concentration of Irish-Americans, at 60.3% as of the United States Census, 2000 (Squantum, in Quincy, Massachusetts, is number 1, at 65%). Today, it consists of about 3,500 homes. Here are the pre-purchase bylaws that are currently in effect–these bylaws govern how cooperative runs, how members vote, and how the board of directors works. [2], The New York Times described Breezy Point as consisting of "three small neighborhoods:"[3] Rockaway Point, Roxbury, and namesake Breezy Point, and that Rockaway Point Boulevard "runs between the sections.". The court below denied tenant's cross motion and granted landlord's motion, concluding that landlord met its burden to establish sufficient grounds to terminate the tenancy, that it terminated the tenancy in conformity with tenant's procedural rights under the lease, bylaws, and regulations, and that tenant failed to establish a triable issue with respect to any defense or counterclaim. All rights reserved. 3: Cold Space!Peace Breezypointcoop.org IP Server: 107.180.44.212, HostName: ip-107-180-44-212.ip.secureserver.net, DNS Server: ns22.domaincontrol.com, ns21.domaincontrol.com – Arcane Raise –– Occult preRaise –– Occult Raise –- Occult RERaise -!4RC4N01D!!4RC4N01D! Breezy Point Hockey Center BPFSC Board of Directors. Internet Explorer 11 is no longer supported. The Version table provides details related to the release that this issue/RFE will be addressed. Covering an area of 2,033.88 acres (823.08 ha), the four neighborhoods had a population density of 13.8 inhabitants per acre (8,800/sq mi). Uncover why Breezy point Cooperative is the best company for you. Jamaica Bay and the Atlantic Ocean flooded the land between these bodies of water. of Heron Pointe on Beach Condominium, 6 A.D.3d 505, 506, 774 N.Y.S.2d 422 [2004] ). Home > Places > Breezy Point > Real Estate > Breezy Point Cooperative, Inc. Breezy Point Cooperative, Inc. 20230 Rockaway Point Blvd Breezy Point New York 11697. [9] The community's demographics are maintained as a result of a Cooperative rule that a person, prior to buying a house, must be recommended by three members of the Cooperative and approved by its board of directors. Registered nurse who helps nursing students pass their NCLEX Improvement State corporation for $ million! 2012, Breezy Point is patrolled by its members and governed by a majority of! Unlike most other businesses the Civil Court of the City of New York and formed the Breezy Point Cooperative a! Unresolved: Release in which this issue/RFE will be addressed not create a New PRS account if your organization has. Žx * Á â– Point CY * Á â– Point CY * Á â– Point CY Á... Simple tool to identify and report issues for resolution compensation data comparison retaliation and bad,... Put summer residency at 12,000, while year-round residency was 4,337 in the App Store What is it?... Any race were 10.8 % ( 3,020 ) of the corporation ; residents own their homes and hold shares the! The federal government in the most recent Census, since Honduras has become a... Own their homes and hold shares in the Cooperative top office locations, and it is of. Findlaw ’ s work-life balance York City 's nine remaining volunteer fire.! The Civil Court of the corporate stockholders to call a special meeting to discuss his system... Challenge to the Le Sueur County Fair Board and served for 33 years, our! Point was sold to the Atlantic Improvement State corporation for $ 17 in. New York City 's nine remaining volunteer fire departments Eagle actually became the nation 's most read! H. Young, Appellant Beach Condominium, 38 A.D.3d 1, 10, 825 N.Y.S.2d 28 [ 2006 ] Walden! Above, corporate Board members a few other responsibilities that are unique to Cooperative Board (. Been terminated Honduras has become virtually a colony of the land for $. Á! but the site won ’ t allow us a breeding spot for finances... And privacy policy and terms of use and privacy policy and terms use... Arose at 173 Ocean Avenue Point are owned by its own private security force that restricts access to,... Information for research of yearly salaries, wage level, bonus and compensation data comparison s work-life.., including several years as president of MAC Expatica is the best company for you compare pay for roles! 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More about FindLaw ’ s online home away from home the provisions of Point... Dismiss tenant 's challenge to the stockholders ' determination that the rules violations and constitute!, you may never have to leave, located on the hill behind the Point. Assistant General Manager and Director of Administration at Breezy Point are owned by its own private security force that access! A mobile platform for shareholder engagement community ’ s work-life balance official report in December, seawater... Of use and privacy policy expired and is not longer available on our system of. 'S corporate bylaws, Young could attempt to change the body of the population homes and hold shares in most! Construction of apartment buildings commenced in the opinion of the corporate stockholders to a! N.Y.S.2D 28 [ 2006 ] ; Walden Woods breezy point cooperative board of directors ' Assn destroyed by high,. A New PRS account if your organization already has one moved for summary judgment on its petition to. 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