Opinion
September 12, 1994
Appeal from the Supreme Court, Suffolk County (Lama, J.).
Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that the order is reversed insofar as cross-appealed from, on the law, and the plaintiffs' cross motion for partial summary judgment is granted to the extent that (1) it is declared that the defendants' membership in the West Oak Recreation Club, Inc., has been terminated, and (2) the defendants' first and second counterclaims and the defendants' first affirmative defense are dismissed; and it is further,
Ordered that the plaintiffs are awarded one bill of costs.
The business judgment rule applies to the actions taken by the Board of Directors of the West Oak Recreation Club, Inc. (hereinafter West Oak) (see, Matter of Levandusky v. One Fifth Ave. Apt. Corp., 75 N.Y.2d 530; see also, Schoninger v. Yardarm Beach Homeowners' Assn., 134 A.D.2d 1, 9; Longo v. Town `N Harbor Owners Corp., 180 A.D.2d 779; Kirsch v. Holiday Summer Homes, 143 A.D.2d 811). The defendants failed to produce evidence, other than wholly conclusory allegations, in support of their arguments that the plaintiffs had selectively enforced West Oak's building regulations. The plaintiffs have established their right to the relief sought in their fifth cause of action for a declaration that the defendants' membership in West Oak had been terminated and to a dismissal of the affirmative defense and counterclaims under review. Mangano, P.J., Bracken, Joy and Hart, JJ., concur.