Case Notes in
Business Judgment Rule
Category
- Access
- Alterations
- Appeals
- Arbitration
- Assessment
- Attorney Fees
- Attorney-Client
- Authority to Sue
- Balcony/Terrace Rights
- Bike Lane
- Board of Directors
- Board of Managers
- Books and Records
- Breach of Lease
- Business Judgment Rule
- Bylaws
- Bylaws/House Rules
- Certificate of Occupancy
- Charges/Fees
- Commercial Unit
- Common Element
- Common Elements
- Companion Animal
- Constitutionality
- Construction Defects
- Contracts
- Conversion
- Damages
- Defamation
- Discovery
- Discrimination
- Due Diligence
- Easement
- Elections
- Estate
- Eviction
- Eviction/Termination
- Federal Courts Supplemental Jurisdiction
- Fiduciary Duty
- Fines
- Foreclosure
- Fraud
- Governance
- Ground Lease
- Gym
- Hoarding
- House Rules
- Housing Development Fund Corporation
- Indemnification
- Indemnification/Subrogation
- Injunction
- Inspection of Records
- Insurance
- Labor Law
- Liability of Directors
- Licenses
- Liens
- Maintenance
- Malpractice
- Management
- Mechanic's Lien
- Mediation
- Misrepresentations
- Motion Practice
- Motion Practive
- Negligence
- Notice of Pendency
- Nuisance
- Occupancy Agreement
- Ownership
- Parking
- Partnership
- Personal Injury
- Pets
- Property Damage
- Proprietary Lease
- Reasonableness
- Receivership
- Release
- Repairs
- Representations
- RPAPL 881
- Sales
- Service of Process
- Sponsor
- Statute of Limitations
- Stock/Shares
- Stocks/Shares
- Sublets
- Succession Rights
- Tax
- Third-Party Liability
- Transfers
- Trespassing
- Trial Practice
- Veil Piercing
- Violations
- Warranty of Habitability
- Yellowstone Injunction
- Zoning
First published: Sep 2004
Rouette v. One West 126th Street Housing Development Fund Corp.This case illustrates a co-op board’s misuse of the business judgment rule standard of review from the Levandusky case to justify its action. The rule only protects board decisions within the scope of the board’s authority taken in good faith for legitimate business purposes of the co-op. It does not permit the co-op to breach its contractual obligations to buy and sell a co-op apartment with one of its shareholders.
Read full articleFirst published: Jun 2002
Seif v. 72 Horatio Street Owners Corp.This case illustrates the fiduciary duties that a co-op or condo board has to treat all unit-owners fairly. Decisions made by boards, which are imposed in fact only on a limited number of unit-owners, are always suspect and subject to challenge. Moreover, fair notice of any impending change in the basic co-op or condo affairs or documents is clearly essential if the change is to withstand challenge. Unfairness to minority shareholders often prompts judicial relief.
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