Gonzalez v. Been

Order, Supreme Court, New York County (Debra A. James, J.), entered June 30, 2015, which, to the extent appealed from as limited by the briefs, denied the Lindsay Park defendants’ cross motion for summary judgment dismissing plaintiffs’ third cause of action, alleging “bad faith” under the business judgment rule, unanimously reversed, on the law, without costs, and the cross motion granted. The Clerk is directed to enter judgment dismissing the complaint.

Supreme Court erred in declining to grant that portion of the Lindsay Park defendants’ motion for summary judgment dismissing plaintiffs’…