Nuzzo v. Board of Managers of Jefferson Village Condominium No. 1

Appellate Division of the Supreme Court of New York

Nuzzo v. Board of Managers of Jefferson Village Condominium No. 1

228 A.D.2d 568, 644 N.Y.2d 546, 644 N.Y.S.2d 546, 1996 N.Y. App. Div. LEXIS 7119

Appellate Division of the Supreme Court of the State of New York·Decided June 17, 1996·Published·Cited by 3 cases

Opinion

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.

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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.

Nuzzo v. Board of Managers of Jefferson Village Condominium No. 1, 228 A.D.2d 568, 644 N.Y.2d 546, 644 N.Y.S.2d 546, 1996 N.Y. App. Div. LEXIS 7119 (N.Y. Ct. App. 1996).

Pincite

228 A.D.2d 568 (Nuzzo v. Board of Managers of Jefferson Village Condominium No. 1) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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