78TH & PARK CORPORATION v. HOCHFELDER


262 A.D.2d 204 (1999)

693 N.Y.S.2d 527

78TH & PARK CORPORATION, Respondent-Appellant, v. THOMAS G. HOCHFELDER et al., Appellants-Respondents.

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

Decided June 22, 1999.


Plaintiff properly exercised its business judgment in determining, in connection with the replacement of the building's roof, to raise the terrace doors of defendants' penthouse apartment to make possible the installation of flashing for the new roof, rather than to leave the distance between the doors and the roof surface unchanged or to lower the roof. The first alternative would have resulted in reduced coverage of the new roofs warranty, and the second alternative would...

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