Legal Opinion

Nuzzo v. Board of Managers of Jefferson Village Condominium No. 1

Appellate Division of the Supreme Court of the State of New York

Decided June 17, 1996PublishedCited by 3 opinions

1Opinion of the Court

We agree with the Supreme Court that the business judgment rule applies to actions taken by the Board of Managers of Jefferson Village Condominium No. 1 (see, Matter of Levandusky v One Fifth Ave. Apt. Corp., 75 NY2d 530). The regulation banning motorcycles from the condominium development is a matter within the Board’s authority and the appellants have failed to prove any bad faith, fraud, self-dealing, or other misconduct on the part of the Board. Thus, judicial review of the reasonableness of the Board’s actions is foreclosed (see, Matter of Levandusky v One Fifth Ave. Apt. Corp., supra).

Th…

2Cases cited2 opinions

  1. Lanza v. WagnerNew York Court of Appeals · 1962
  2. Levandusky v. One Fifth Avenue Apartment Corp.New York Court of Appeals · 1990

3Cited by3 opinions

  1. Martino v. Board of Managers of Heron Pointe on the Beach CondominiumAppellate Division of the Supreme Court of the State of New York · 2004
  2. Forest Close Ass'n v. RichardsAppellate Division of the Supreme Court of the State of New York · 2007
  3. 40 West 67th Street v. PullmanAppellate Division of the Supreme Court of the State of New York · 2002

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