Appellate Division of the Supreme Court of the State of New York July 10, 1995 (Honig v. St. George Tower & Grill Owners Corp.)

In an action, inter alia, for a judgment declaring that the defendants breached their fiduciary duties to the plaintiff by withholding their consent to the plaintiff’s subleasing of his apartment, the plaintiff appeals from an order of the Supreme Court, Kings County (Held, J.), dated February 1, 1994, which granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (5).