& David Abraham, Petitioner-Appellant, v. Diamond Dealers Club, Inc., Respondent-Respondent, Jacob Banda, Respondent.

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Supreme Court, Appellate Division, First Department, New York.

& David Abraham, Petitioner-Appellant, v. Diamond Dealers Club, Inc., Respondent-Respondent, Jacob Banda, Respondent.

4016 M-5647

Decided: January 11, 2011

Saxe, J.P., Friedman, McGuire, Abdus-Salaam, Román, JJ. Arent Fox LLP, New York (Eugene R. Scheiman of counsel), for appellant. S. Herman Klarsfeld, P.C., New York (Jeffrey R. Berke of counsel), for respondent.

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Order and judgment (one paper), Supreme Court, New York County (Michael D. Stallman, J.), entered March 23, 2010, which, inter alia, denied the petition seeking to set aside the vote of members that approved amendments to the by-laws of respondent Diamond Dealers Club, Inc. (DDC), and dismissed the proceeding, unanimously affirmed, with costs.

The court properly determined that the voting rights of the members of DDC could not be automatically suspended for non-payment of dues.   Contrary to petitioner's claim, Not-For-Profit Corporation Law § 507(c) required DDC to give a member “reasonable notice,” in addition to the provisions of the by-laws themselves, to enforce the collection of dues against that member.   The court also correctly determined that the notice of a special meeting, sent by DDC's then-president, complied with DDC's by-laws.   Furthermore, petitioner failed to show that the discovery he requested was material or necessary (see e.g. Stapleton Studios v. City of New York, 7 AD3d 273, 275 [2004] ), since the record demonstrates that no voting members had been suspended prior to the special meeting.

M-5647 - David Abraham v Diamond Dealers Club, Inc., et al.

Motion to strike portions of brief denied.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK