Opinion
March 9, 1995
Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).
The IAS Court properly dismissed the within petition seeking to inter alia, annul the determination of respondents refusing to approve petitioner's application to purchase the shares representing an interest in the cooperative apartment. Absent illegal discrimination, the respondent members of the board of directors of the respondent cooperative corporation had the right to withhold their approval of petitioners' purchase for any reason or no reason (Rossi v. Simms, 119 A.D.2d 137, 140). The so-called business judgment rule (see, Matter of Levandusky v One Fifth Ave. Apt. Corp., 75 N.Y.2d 530, 537-538) permits judicial inquiry into claims of fraud or self-dealing by board members (see, Schoninger v. Yardarm Beach Homeowners' Assn., 134 A.D.2d 1, 10) but only where such claims have a basis. The petitioners were required to submit evidence that the board did not act in the best interest of the shareholders (see, Straus v 345 E. 73 Owners Corp., 181 A.D.2d 483, 488). The IAS Court correctly determined that petitioners did not. We have considered petitioners' remaining arguments, and find them to be without merit.
Concur — Ellerin, J.P., Rubin, Ross, Nardelli and Tom, JJ.