GOULD v. JEWISH NATIONAL FUND KEREN KAYEMETH LEISRAEL INC (2021)

Judgment, Supreme Court, New York County (Arthur F. Engoron, J.), entered June 28, 2021, dismissing this proceeding brought pursuant to Not–for–Profit Corporation Law § 618 and CPLR article 78, pursuant to an order, same court and Justice, entered March 4, 2021, which granted the cross motion of respondent Jewish National Fund (JNF) to dismiss the petition, unanimously affirmed, with costs.  Appeal from aforesaid order, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

In this special proceeding for a judgment pursuant to Not–for–Profit Corporation Law § 618 and article 78 concerning petitioner's purported status as incoming president of respondent JNF, the court correctly granted the cross motion to dismiss the petition in its entirety.  Respondents’ conduct in declining to seat petitioner, then JNF President–Elect, as JNF President in October 2019 at the end of the two-year term of the then and current President, respondent Lizerbram, and in declining to renominate and reelect petitioner as President–Elect, while reelecting Lizerbram to a second term, did not violate the JNF By–Laws, Not–for–Profit Corporation Law § 714(a), his due process rights, or principles of equity (see Nyitray v. New York Athletic Club of City of N.Y., Inc., 195 A.D.2d 291, 599 N.Y.S.2d 601 [1st Dept. 1993]).  Petitioner's other claims seeking injunctive relief, asserting discrimination under the New York State Civil Rights Law, and alleging negligent or fraudulent misrepresentation, were also properly dismissed since they fail to state a cause of action.