Nuzzo v. Board of Managers of Jefferson Village Condominium No. 1
Cases that cite this one
3 later published cases cite this decision.
- Forest Close Ass'n v. Richards (Appellate Division of the Supreme Court of New York 2007)
- Martino v. Board of Managers of Heron Pointe on the Beach Condominium (Appellate Division of the Supreme Court of New York 2004)
- 40 West 67th Street v. Pullman (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.