DUBASSO v. EAST 69TH OWNERS CORP.


51 A.D.3d 404 (2008)

855 N.Y.S.2d 369

MICHAEL DUBASSO et al., Respondents, v. EAST 69TH OWNERS CORP. et al., Appellants.

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

Decided May 1, 2008.


As the record presents issues of fact whether the challenged actions of defendant cooperative corporation's board of directors were outside the scope of the board's authority and whether they were undertaken in good faith, the court properly declined to conclude as a matter of law that these actions are protected by the business judgment rule (see Matter of Levandusky v One Fifth Ave. Apt. Corp., 75 N.Y.2d...

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