Spinale v. 10 West 66th Street Corp.
Opinion of the Court
—Order, Supreme Court, New York County (Edward Lehner, J.), entered August 30, 2000, which granted defendant cooperative board’s cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
This is an action by shareholders against their residential cooperative corporation, seeking damages for malicious prosecution, abuse of process, intentional infliction of emotional distress, prima facie tort, breach of fiduciary obligation and tortious interference with prospective business opportunity, based on the board’s prosecution of an unfounded ejectment ac
The cause of action for tortious interference was also properly dismissed, since the board’s action was shielded by the business judgment rule based upon its reliance on the advice of counsel (see, Allen v Murray House Owners Corp., 174 AD2d 400, 404-405, lv denied 78 NY2d 860). Plaintiffs’ claimed need for discovery on this issue does not warrant denial of defendant’s motion, especially since it is undisputed that, in response to the board’s offer, plaintiffs never provided the names of board members they wished to depose. Concur — Nardelli, J.P., Mazzarelli, Saxe, Sullivan and Ellerin, JJ.
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