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3060 OCEAN AVENUE OWNERS, INC., Respondent, v. DAVID BISTRICER et al., Appellants, et al., Defendants.

The sponsors fail to show that the cooperative's board of directors acted beyond the scope of its authority as delineated in the proprietary lease, in bad faith or in a discriminatory manner (Matter of Levandusky v. One Fifth Ave. Apt. Corp., 75 N.Y.2d 530) in levying a special assessment for the payment of legal expenses in connection with a lawsuit against them. We would also note that any harm the sponsors stand to sustain is compensable in money and readily capable of calculation (see, SportsChannel Am. Assocs. v. National Hockey League, 186 A.D.2d 417, 418). We have considered the sponsors' other arguments and find them to be without merit.

Concur — Sullivan J. P., Rubin, Mazzarelli and Andrias, JJ.

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3060 OCEAN AVENUE OWNERS, INC. v. BISTRICER
(Feb 17, 1998)