Court Says Business Judgment Rule Protects Co-op Board Members

NEW YORK - A New York court cited the business judgment rule in dismissing claims by a resident against individual members of a cooperative apartment board, and also ruled that plaintiff's allegation of physical injury is insufficient to support a negligence claim. Loss v. 407-413 Owners Corp., No. 105/897/2007 (N.Y. Sup. Ct., N.Y. Cty.).

In a separate order issued on March 24, Justice Carol Edmead of the New York County Supreme Court denied a motion by plaintiffs for partial summary judgment on breach of contract and other claims against 407-413 Owners Corp.

Gregory M. Loss and Eileen M. Mulrenin contend …