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GONZALEZ v. BEEN

2353, 653242/14.

145 A.D.3d 434 (2016)

2016 NY Slip Op 08106

41 N.Y.S.3d 700

CARLOS GONZALEZ et al., Respondents, v. VICKI L. BEEN, Commissioner, Department of Housing Preservation and Development of the City of New York, et al., Defendants, and BOARD OF DIRECTORS AND OFFICERS OF LINDSAY PARK HOUSING CORP. et al., Appellants.

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

Decided December 1, 2016.

Supreme Court erred in declining to grant that portion of the Lindsay Park defendants' motion for summary judgment dismissing plaintiffs' third cause of action, alleging bad faith. The business judgment rule "bars judicial inquiry into actions of corporate directors taken in good faith and in the exercise of honest judgment in the lawful and legitimate furtherance of corporate purposes" (Auerbach v Bennett, 47 N.Y.2d 619, 629 [1979...

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