Opinion
2003-01161.
Decided April 12, 2004.
In an action, inter alia, to recover damages for breach of contract, for a declaratory judgment, and for injunctive relief, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Baisley, J.), dated December 19, 2002, which granted the defendants' motion for summary judgment dismissing the complaint.
Anthony V. Barbiero, P.C., East Islip, N.Y. (Laura McKenna of counsel), for appellant.
Ahmuty, Demers McManus, Albertson, N.Y. (Brendan T. Fitzpatrick of counsel), for respondents.
Before: ANITA R. FLORIO, J.P., ROBERT W. SCHMIDT, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment, inter alia, declaring that there is no by-law prohibiting street parking in Heron Pointe on the Beach Condominium.
The business judgment rule applies to the challenged actions taken by the defendant Board of Managers of Heron Pointe on the Beach Condominium (hereinafter the Board) ( see Matter of Levandusky v. One Fifth Ave. Apt. Corp., 75 N.Y.2d 530). The adoption and enforcement of parking restrictions was a matter within the Board's authority and the plaintiff failed to establish any bad faith, fraud, self-dealing, or other misconduct by the Board. Thus, judicial review of the reasonableness of its actions is foreclosed ( see Nuzzo v. Board of Mgrs. of Jefferson Vil. Condominium No. 1, 228 A.D.2d 568; see also Gillman v. Pebble Cove Home Owners Assn., 154 A.D.2d 508; Matter of Levandusky v. One Fifth Ave. Apt. Corp., supra).
Since this is an action, inter alia, for a declaratory judgment, the Supreme Court should have directed entry of a judgment, inter alia, declaring that there is no by-law prohibiting street parking in Heron Pointe on the Beach Condominium ( see Lanza v. Wagner, 11 N.Y.2d 317, 334, appeal dismissed 371 U.S. 74, cert denied 371 U.S. 901).
FLORIO, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.