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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

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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Ultimately, this court need not decide whether Pullman applies to this case. Respondent raises successful defenses to applying the business judgment rule. The court finds that petitioner acted outside the scope of its authority and in bad faith in conducting its vote to terminate respondent’s proprietary lease. The court, therefore, cannot apply the business judgment rule and must, instead, engage in competent-evidence analysis. If Pullman does not apply to a board vote, then this court would apply competent-evidence analysis anyway.