Leonard v. Kanner

Full title: DAVID LEONARD, Appellant, v. JOSEPH KANNER et al., Respondents

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

Date published: May 6, 1997

239 A.D.2d 153 (N.Y. App. Div. 1997)

657 N.Y.S.2d 894

Opinion

May 6, 1997

Appeal from the Supreme Court, New York County (Elliott Wilk, J.).

We affirm on the ground urged before the motion court. Although the business judgment rule did not govern defendants' decision to withhold approval of plaintiff's UCC foreclosure sale purchase of the coop shares since the proprietary lease imposed a reasonableness standard ( see, Ludwig v. 25 Plaza Tenants Corp., 184 A.D.2d 623), there was a reasonable basis for rejecting plaintiff. We have considered plaintiff's other contentions and find that they do not warrant a different result.

Concur — Sullivan, J.P., Milonas, Wallach and Mazzarelli, JJ.