40 W 67TH ST v. PULLMAN


100 N.Y.2d 147 (2003)

790 N.E.2d 1174

760 N.Y.S.2d 745

40 WEST 67TH STREET, Respondent, v. DAVID PULLMAN, Appellant.

Court of Appeals of the State of New York.

Decided May 13, 2003.


Attorney(s) appearing for the Case

Rosenberg & Estis, P.C., New York City (Gary M. Rosenberg and Jeffrey Turkel of counsel), for appellant.

Balber Pickard Battistoni Maldonado & Van Der Tuin, P.C., New York City (John T. Van Der Tuin, David A. Armendariz and Joseph J. Barker of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, GRAFFEO and READ concur.


OPINION OF THE COURT

ROSENBLATT, J.

In Matter of Levandusky v One Fifth Ave. Apt. Corp. (75 N.Y.2d 530 [1990]) we held that the business judgment rule is the proper standard of judicial review when evaluating decisions made by residential cooperative corporations. In the case before us, defendant is a shareholder-tenant in the plaintiff cooperative building. The relationship...

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