Richard Siegler, another Manhattan co-op and condo lawyer, said that under a 1990 ruling by the state's Court of Appeals in what is known as the Levandusky case, three elements must be present for a board to invoke the business judgment rule: the board's actions must be in good faith, in furtherance of the purposes of the co-op or condo, and within the scope of the board's authority.
If an individual offers free shipping in association with a purchase or other offer, FAA would construe the shipping to be in furtherance of a business purpose, and thus, the operation would not fall within the statutory requirement of recreation or hobby purpose.
To be illegal, the payment or gift "has to be in furtherance of their business purpose," she said.
"Under the business judgment rule, unless there is a showing of discrimination, self-dealing or misconduct board members are presumed to be acting in good faith and in the exercise of honest judgment in the legitimate furtherance of corporate purposes," Mr. Greenstein said.
Justice Joseph P. Sullivan, writing for a unanimous court, said the business judgment rule, applied to co-op and condo boards by a 1990 Court of Appeals decision, prohibits courts from second-guessing the actions of corporate directors "taken in good faith and in the exercise of honest judgment in the lawful and legitimate furtherance of corporate purposes".
Mr. Berkman said that under the rule, the courts will not interfere with actions taken by boards if those actions were taken in good faith and in furtherance of corporate purposes, and are within the scope of the board's authority.
"The use of an undercover police officer in furtherance of this investigation is, therefore, not feasible," the affidavit said.
A considerable number of people would necessarily have committed serious crimes in furtherance of this plot, beginning, of course, with Anita Hill herself.
In furtherance of this research, nanoclay-modified asphalt is being tested at percentages higher than 4% to underscore the fact that nanoclays may have the potential to reduce rutting and cracking.
