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3060 OCEAN AVE. OWNERS, INC. v. BISTRICER

247 A.D.2d 275 (1998)

667 N.Y.S.2d 909

3060 Ocean Avenue Owners, Inc., Respondent, v. David Bistricer et al., Appellants, et al., Defendants

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

February 17, 1998

The sponsors fail to show that the cooperative's board of directors acted beyond the scope of its authority as delineated in the proprietary lease, in bad faith or in a discriminatory manner (Matter of Levandusky v One Fifth Ave. Apt. Corp., 75 N.Y.2d 530) in levying a special assessment for the payment of legal expenses in connection with a lawsuit against them. We would also note that any harm the sponsors stand to sustain is compensable...

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