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NATIONAL ARTS CLUB v. BENENSON

262 A.D.2d 71 (1999)

690 N.Y.S.2d 441

NATIONAL ARTS CLUB, on Behalf of Itself and All Others Similarly Situated, Appellant, v. SHAREN S. BENENSON, Individually and as Trustee of GRAMERCY PARK TRUST, Respondent. NATIONAL ARTS CLUB, on Behalf of Itself and All Others Similarly Situated, Appellant, v. CONSTANCE GIBSON et al., Individually and as Trustees of GRAMERCY PARK TRUST, Respondents.

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

Decided June 10, 1999.

The weight of the evidence supports the trial court's finding that defendants, after soliciting expert advice, acted in good faith in removing trees from the park that they had reason to believe were dead or dying and potentially unsafe. Plaintiff, having urged the trial court to apply the business judgment rule, with its standard of good faith, will not be heard on appeal to urge that the court should have applied a prudent person standard (CPLR 5501 [a] [3]; see, McCummings...

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