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RUBINSTEIN v. 242 APARTMENT CORP.

189 A.D.2d 685 (1993)

Richard P. Rubinstein et al., Appellants, v. 242 Apartment Corp. et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

January 19, 1993

Plaintiffs cannot challenge the adoption of a rule by the cooperative board expanding the hours of usage of the common roof garden adjacent to their penthouse apartment because they have failed to establish that the board was not acting for the purposes of the cooperative, within the scope of its authority and in good faith (Matter of Levandusky v One Fifth Ave. Apt. Corp., 75 N.Y.2d 530

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