Walker v. Morningside Heights Housing Corp.

Appellate Division of the Supreme Court of New York

Walker v. Morningside Heights Housing Corp.

257 A.D.2d 368, 683 N.Y.S.2d 236, 1999 N.Y. App. Div. LEXIS 70

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 5, 1999

StatusPublished

This text of 257 A.D.2d 368 (Walker v. Morningside Heights Housing Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walker v. Morningside Heights Housing Corp., 257 A.D.2d 368, 683 N.Y.S.2d 236, 1999 N.Y. App. Div. LEXIS 70 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered September 30, 1997 and subsequently entered as a judgment of the same court and Justice on October 14, 1997, which, in a proceeding pursuant to CPLR article 78, denied and dismissed the petition challenging respondent’s October 29, 1996 denial of petitioner’s request to amend her cooperative corporation stock certificate and proprietary lease to add her son’s name, unanimously affirmed, without costs.

The IAS Court properly concluded that the business judgment rule precludes judicial review of the rationale underlying respondent’s House Rule 43 governing the transferability of shares of cooperative corporation stock. Where, as here, “the board acts for the purposes of the cooperative, within the scope of its authority and in good faith, courts will not substitute their judgment for the board’s” (Matter of Levandusky v One Fifth Ave. Corp., 75 NY2d 530, 538). Concur—Ellerin, J. P., Nardelli, Wallach and Rubin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered September 30, 1997 and subsequently entered as a judgment of the same court and Justice on October 14, 1997, which, in a proceeding pursuant to CPLR article 78, denied and dismissed the petition challenging respondent’s October 29, 1996 denial of petitioner’s request to amend her cooperative corporation stock certificate and proprietary lease to add her son’s name, unanimously affirmed, without costs.

The IAS Court properly concluded that the business judgment rule precludes judicial review of the rationale underlying respondent’s House Rule 43 governing the transferability of shares of cooperative corporation stock. Where, as here, “the board acts for the purposes of the cooperative, within the scope of its authority and in good faith, courts will not substitute their judgment for the board’s” (Matter of Levandusky v One Fifth Ave. Corp., 75 NY2d 530, 538). Concur—Ellerin, J. P., Nardelli, Wallach and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

257 A.D.2d 368, 683 N.Y.S.2d 236, 1999 N.Y. App. Div. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-morningside-heights-housing-corp-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack