An Appellate Term panel affirmed a judgment of the Civil Court which granted a cooperative corporation’s motion for summary judgment and awarded possession of a cooperative apartment to the petitioner in a holdover summary proceeding.

A petitioner cooperative corporation “established a prima facie entitlement to summary judgment of possession under the business judgment rule.” The evidence established that the cooperative had followed the “requisite procedure” set forth in the subject proprietary lease with respect to terminating the tenancy of shareholder “A” on the ground of “objectionable conduct … .” “A” and her husband had engaged in “vexatious litigation against the cooperative and its members, as found by several courts, consisting of multiple frivolous and duplicative suits, which caused the cooperative considerable expense and resulted in the loss of insurance coverage … .”