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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)

Citation
13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)
Parent Document
13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)
Jurisdiction
New York (state)
Effective Date
2004-06-29

Other Sections in This Document (76)

Full Text

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*936Petitioner moves to dismiss respondent’s affirmative defenses and for summary judgment. Petitioner argues that the business judgment rule shields the board’s decision to terminate respondent’s proprietary lease and that it is entitled to a judgment of possession in its favor. Alternatively, petitioner argues that if the court declines to apply the business judgment rule to the board’s decision, the court should award petitioner summary judgment based on the alleged objectionable conduct. This case hinges on the application of 40 W. 67th St. v Pullman (100 NY2d 147, 152 [2003]). II. The Pullman Decision