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PAUL PALMIERI, appellant, v. DOROTHY MARX, respondent.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court erred in determining that the defendant, who was an uncompensated director of a beach club, was entitled to the protection of Not-For-Profit Corporation Law § 720-a ( see Bernbach v. Bonnie Briar Country Club, 144 A.D.2d 610). Nevertheless, the defendant met her burden of establishing her entitlement to judgment as a matter of law ( see Zuckerman v. City of New York, 49 N.Y.2d 557) by demonstrating that she did not participate in the creation of the alleged nuisance ( see Tucker v. Meola, 170 A.D.2d 667; Widlitz v. Scher, 148 A.D.2d 530; Bellinzoni v. Seland, 128 A.D.2d 580), and did not sign the stipulation of settlement ( see Salzman Sign Co. v. Beck, 10 N.Y.2d 63). In response, the plaintiff failed to raise a triable issue of fact ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320). Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.

SANTUCCI, J.P., SCHMIDT, TOWNES and MASTRO, JJ., concur.

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PALMIERI v. MARX
(May 17, 2004)