Nuzzo v. Board of Managers of Jefferson Village Condominium No. 1
Appellate Division of the Supreme Court of the State of New York
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
- Lanza v. WagnerNew York Court of Appeals · 1962
- Levandusky v. One Fifth Avenue Apartment Corp.New York Court of Appeals · 1990
3Cited by3 opinions
- Martino v. Board of Managers of Heron Pointe on the Beach CondominiumAppellate Division of the Supreme Court of the State of New York · 2004
- Forest Close Ass'n v. RichardsAppellate Division of the Supreme Court of the State of New York · 2007
- 40 West 67th Street v. PullmanAppellate Division of the Supreme Court of the State of New York · 2002