Domingo v. C. True Building Corp.

Full title: JAVIER DOMINGO, Appellant, v. C. TRUE BUILDING CORP., Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 8, 1998

246 A.D.2d 337 (N.Y. App. Div. 1998)

666 N.Y.S.2d 914

Opinion

January 8, 1998

Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).

Plaintiff fails to allege any facts showing that defendant's board of directors acted in bad faith such as to render the business judgment rule inapplicable to its decision to renovate ( see, Matter of Levandusky v. One Fifth Ave. Apt. Corp., 75 N.Y.2d 530, 537-538), and the documentary evidence conclusively shows that the renovation plans for the building were legally adopted by the shareholders in accordance with defendant's governing rules. Furthermore, we find no evidence of self-dealing on the part of any member of the board. Accordingly, the complaint was properly dismissed.

Concur — Rosenberger, J.P., Wallach, Rubin, Williams and Tom, JJ.