DuBasso v East 69th Owners Corp.

DuBasso v East 69th Owners Corp. 2008 NY Slip Op 04124 [51 AD3d 404] May 1, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 16, 2008

Michael DuBasso et al., Respondents,
v
East 69th Owners Corp. et al., Appellants.

—[*1] Smith, Buss & Jacobs, LLP, Yonkers (James R. Anderson of counsel), for appellants.

Wolf Haldenstein Adler Freeman & Herz, LLP, New York (Alan A.B. McDowell of counsel), for respondents.

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered July 12, 2007, which, to the extent appealed from as limited by the briefs, denied defendants' motion for summary judgment dismissing the first, second, and third causes of action, unanimously affirmed, with costs.

As the record presents issues of fact whether the challenged actions of defendant cooperative corporation's board of directors were outside the scope of the board's authority and whether they were undertaken in good faith, the court properly declined to conclude as a matter of law that these actions are protected by the business judgment rule (see Matter of Levandusky v One Fifth Ave. Apt. Corp., 75 NY2d 530, 537-540 [1990]; Barbour v Knecht, 296 AD2d 218, 225 [2002]). Concur—Lippman, P.J., Gonzalez, Moskowitz and Acosta, JJ.