BRPC Successfully Defends Dismissal at Appellate Division

Bryan Mazzola and Brett Carrick recently obtained a unanimous ruling from the New York Supreme Court, Appellate Division, First Department, affirming the lower court’s decision which dismissed an Article 78 proceeding filed by a cooperative shareholder and her husband. The Appellate Division found that the dismissal of a petition which sought to compel the Coop’s board to issue a key to the building from a garage entrance, even though the shareholder and her husband, did not have a car or utilize the garage.  In the decision, the Appellate Division found that the Court properly dismissed the petition because the Coop’s decision was in accordance with the Coop’s long-standing policy of withholding garage key from shareholders who do not utilize the garage and the Coop’s determination was protected by the business judgment rule.