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Bryan Mazzola and Brett Carrick represent a residential cooperative in New York City in a case involving the Coop board’s denial of a shareholders alteration plans, in part, because the proposed alteration would adversely impact the Coop’s electrical system.  Mr. Mazzola and Mr. Carrick successfully argued that the Coop’s decision was protected by the business judgment rule.  Additionally, it was held that plaintiffs had failed to make out a prima facie case of: (a) a breach of warranty of habitability because the plaintiffs did not reside in the apartment, (b) breach of fiduciary duty because there were no specific allegations of wrongdoing against individual board members and the Coop does not owe a fiduciary duty to plaintiffs; and (c) fraudulent misrepresentation/inducement because the Coop did not, among other things, make any misrepresentation to plaintiffs.  Mr. Mazzola and Mr. Carrick also obtained the dismissal of multiple causes of action which were duplicative of plaintiff’s breach of contract claim or which were impermissible stand along claims for damages.  Finally, the Court dismissed those portions of the complaint which Plaintiff brought derivatively because plaintiffs did not make a demand that the Board take action and as Plaintiff did not establish that there were any other similarly situated shareholders who rights were being enforced as part of the derivative action.