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

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 NY2d 530, 538; Konrad v 136 E. 64th St. Corp., 254 AD2d 110, lv denied and dismissed 92 NY2d 1042). Plaintiffs waived their claim for breach of the covenant of quiet enjoyment by refusing to pay assessments for major structural repairs ( see Dave Herstein Co. v Columbia Pictures Corp., 4 NY2d 117). Moreover, the proprietary lease gives the cooperative an easement for the purpose of making repairs ( cf. Jackson v Westminster House Owners Inc., 24 AD3d 249, lv denied 7 NY3d 704). The record also establishes that the board supplied the records and documents requested by plaintiffs. In any event, plaintiffs fail to show how the alleged concealment caused them the money damages they seek to recover. No appeal lies from denial of a motion for reargument ( Trexler v Kahanovitz, 41 AD3d 161, 162).

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PARKER v. MARGLIN
(Nov 25, 2008)