ROSENTHAL v. ONE HUDSON PARK, INC.


269 A.D.2d 144 (2000)

701 N.Y.S.2d 899

MARK ROSENTHAL et al., Respondents-Appellants, v. ONE HUDSON PARK, INC., Appellant-Respondent.

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

Decided February 1, 2000.


In view of the language in paragraph 21 (a) of the proprietary lease, plainly indicating that consent to plaintiffs' requests to build additions on the roof areas to which they held exclusive rights could not be unreasonably withheld, the IAS Court properly held that preconditions imposed by defendant cooperative corporation's board upon the grant of plaintiffs' requests had to be reasonable and, accordingly, were not sheltered from review by the business judgment rule (...

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