Court Dismisses Intentional Tort Claims Against Cooperative Corporation
March 13, 2000

In Spinale, et ano. v. 10 West 66th Street Corporation, et al., a multiple claim action against a cooperative corporation, Justice Edward Lehner of the Supreme Court, New York County granted defendants' motion for summary judgment dismissing the entire lawsuit brought by two shareholders against the corporation and a subsequent motion for reargument. In addressing whether intentional tort claims were time barred and whether application of the "business judgment rule" warranted dismissal of the claim fo tortuous interference with prospective business opportunities, Justice Lehner applied the "business judgment rule" in conjunction with, the rarely reported, reliance on advice of counsel defense.

(Prior results do not guarantee a similar outcome.)