In Rego Park Gardens Assocs. v. Rego Park Gardens, Inc. (174 A.D.2d 337 [1st Dept], lv denied 78 N.Y.2d 859 [1991]), the Appellate Division addressed a sponsor voting restriction similar to the one at bar. Under the offering plan and the proprietary lease, the sponsor was entitled to designate two board members to a five member board. The offering plan also contained a provision that forbade the sponsor from exercising voting control over the board. The cooperative corporation sought a declaration that the sponsor could not participate in the election other than to name its two designees, asserting that, otherwise, the sponsor would be exercising unlawful voting control. The Appellate Division held that the sponsor was entitled to vote its shares in the election stating that "the mere fact that new directors may be elected with the votes of the sponsor cannot, without more, be equated with exercising voting control as a matter of law." (Id., at 339.)