Fishman v Charles H. Greenthal Mgt. Corp., 2011 NY Slip Op 01574 [82 AD3d 425]

March 3, 2011

Appellate Division, First Department

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Peter R. Bray, Parsippany, New Jersey, of the bar of the State of New Jersey, admitted pro hac vice, for appellant.

Braverman & Associates, P.C., New York (Scott S. Greenspun of counsel), for respondents.

Order, Supreme Court, New York County (Joan A. Madden, J.), entered January 22, 2010, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Plaintiff failed to raise an inference that the board of directors of defendant cooperative corporation acted in bad faith in rejecting the prospective purchaser of plaintiff’s shares in the coop ( see Jones v Surrey Coop. Apts. , 263 AD2d 33, 36 [1999]). Indeed, his own evidence demonstrates that the board, which under the proprietary lease had the right to withhold its approval of a sale “for any reason or for no reason,” rejected the proposed purchaser for financial reasons.

Plaintiff also failed to substantiate his request for additional discovery ( see , 263 AD2d at 37-38). Concur—Saxe, J.P., Sweeny, Catterson, Freedman and RomÁn, JJ.

[Prior Case History: 2010 NY Slip Op 30115(U).].