Legal Opinion

Levandusky v. One Fifth Avenue Apartment Corp.

New York Court of Appeals

Decided April 5, 1990PublishedCited by 318 opinions

1Opinion of the Court

*533OPINION OF THE COURT

Kaye, J.

This appeal by a residential cooperative corporation concerning apartment renovations by one of its proprietary lessees, factually centers on a two-inch steam riser and three air conditioners, but fundamentally presents the legal question of what standard of review should apply when a board of directors of a cooperative corporation seeks to enforce a matter of building policy against a tenant-shareholder. We conclude that the business judgment rule furnishes the correct standard of review.

In the main, the parties agree that the operative events transpired as…

2Cases cited11 opinions

  1. Auerbach v. BennettNew York Court of Appeals · 1979
  2. Akpan v. KochNew York Court of Appeals · 1990
  3. Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
  4. Schoninger v. Yardarm Beach Homeowners' Ass'nAppellate Division of the Supreme Court of the State of New York · 1987
  5. Papalexiou v. Tower West CondominiumNew Jersey Superior Court Appellate Division · 1979

6 more not listed; retrieve them via the Exa API.

3Cited by318 opinions

  1. Caprer v. NussbaumAppellate Division of the Supreme Court of the State of New York · 2006
  2. Fletcher v. Dakota, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  3. 40 West 67th Street v. PullmanNew York Court of Appeals · 2003
  4. Security Plans, Inc. v. Cuna Mutual Insurance SocietyCourt of Appeals for the Second Circuit · 2014
  5. Lamden v. La Jolla Shores Clubdominium Homeowners Ass'nCalifornia Supreme Court · 1999

313 more not listed; retrieve them via the Exa API.

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