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PARKER v. MARGLIN

56 A.D.3d 374 (2008)

SAMUEL PARKER et al., Appellants, v. PAULA MARGLIN et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 25, 2008.

Plaintiffs disagree with the board's decisions as to the costs, means, allocation and methods employed in making repairs to the building, but fail to adduce evidence of self-dealing, fraud, or other acts constituting a breach of fiduciary duty sufficient to overcome the business judgment rule (see Matter of Levandusky v One Fifth Ave. Apt. Corp., 75 N.Y.2d 530, 538 [1990]; Konrad v 136 E. 64th St. Corp., 254...

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