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Cooperatives & Condominiums
40 West 67th Street Corp. v. Pullman
NYLJ 5/14/03, p. 26, col. 1,
Court of Appeals
(Opinion by Rosenblatt, J.)
In an action by co-op corporation for possession of a co-op apartment, and for a declaratory judgment canceling unit owner's stock, unit owner appealed from the Appellate Division's grant of summary judgment to the co-op corporation. The Court of Appeals affirmed, applying the business judgment rule to hold that the determination by the co-op board and co-op shareholders satisfied the requirement of RPAPL 711(1) that tenant's objectionable conduct be established by competent evidence.
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