Legal Opinion

40 West 67th Street v. Pullman

New York Court of Appeals

Decided May 13, 2003PublishedCited by 101 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J.

In Matter of Levandusky v One Fifth Ave. Apt. Corp. (75 NY2d 530 [1990]) we held that the business judgment rule is the proper standard of judicial review when evaluating deci sions made by residential cooperative corporations. In the case before us, defendant is a shareholder-tenant in the plaintiff cooperative building. The relationship between defendant and the cooperative, including the conditions under which a shareholder’s tenancy may be terminated, is governed by the shareholder’s lease agreement. The cooperative terminated defendant’s tenancy in…

2Cases cited15 opinions

  1. Auerbach v. BennettNew York Court of Appeals · 1979
  2. Levandusky v. One Fifth Avenue Apartment Corp.New York Court of Appeals · 1990
  3. Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
  4. Flynn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1899
  5. Dinicu v. Groff Studios Corp.Appellate Division of the Supreme Court of the State of New York · 1999

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3Cited by101 opinions

  1. Fletcher v. Dakota, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  2. Security Plans, Inc. v. Cuna Mutual Insurance SocietyCourt of Appeals for the Second Circuit · 2014
  3. Consumers Union of U.S., Inc. v. StateNew York Court of Appeals · 2005
  4. Anderson v. Nottingham Village Homeowner's Ass'nAppellate Division of the Supreme Court of the State of New York · 2007
  5. Pelton v. 77 Park Avenue CondominiumAppellate Division of the Supreme Court of the State of New York · 2006

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