Nuzzo v. Board of Managers of Jefferson Village Condominium No. 1 , 644 N.Y.2d 546 ( 1996 )


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  • 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).

    The plaintiffs’ remaining contention is without merit.

    We note that since this is a declaratory judgment action, the Supreme Court should have directed the entry of a declaration in favor of the defendant (see, Lanza v Wagner, 11 NY2d 317, 334, appeal dismissed 371 US 74, cert denied 371 US 901). Miller, J. P., Ritter, Krausman and McGinity, JJ., concur.

Document Info

Citation Numbers: 228 A.D.2d 568, 644 N.Y.2d 546

Filed Date: 6/17/1996

Precedential Status: Precedential

Modified Date: 1/13/2022