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SEVEN PARK AVENUE CORP. v. GREEN

277 A.D.2d 123 (2000)

715 N.Y.S.2d 697

SEVEN PARK AVENUE CORP., Respondent, v. STEVEN GREEN, Appellant.

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

Decided November 21, 2000.

Since paragraph 21 of the proprietary lease plainly states that consent for alteration of "pipes" or "plumbing fixtures," among other things, "shall not be unreasonably withheld," plaintiff's denial of defendant's supplemental application to install the half bath was "not sheltered from review by the business judgment rule" (Rosenthal v One Hudson Park, 269 A.D.2d 144, 145). Accordingly, the trial court properly concluded that a...

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