Opinion
June 10, 1999.
Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).
The weight of the evidence supports the trial court's finding that defendants, after soliciting expert advice, acted in good faith in removing trees from the park that they had reason to believe were dead or dying and potentially unsafe. Plaintiff, having urged the trial court to apply the business judgment rule, with its standard of good faith, will not be heard on appeal to urge that the court should have applied a prudent person standard (CPLR 5501 [a] [3]; see, McCummings v. New York City Tr. Auth., 177 A.D.2d 24, 27, affd on other grounds 81 N.Y.2d 923, cert denied 510 U.S. 991). In any event, we would reach the same result even were we to apply the standard plaintiff now urges.
Concur — Ellerin, P. J., Nardelli, Mazzarelli and Rubin, JJ.