Weiner v 4601 Owners Corp., 2011 NY Slip Op 06199 [87 AD3d 431]

August 11, 2011

Appellate Division, First Department

— [*1]

Vandenberg & Feliu, LLP, New York (Raymond L. Vandenberg of counsel), for appellant.

Marin Goodman, LLP, Harrison (Richard P. Marin of counsel), for respondent.

Order, Supreme Court, Bronx County (Stanley Green, J.), entered November 2, 2009, which denied plaintiff’s motion for summary judgment on his claims for breach of contract and breach of the covenant of quiet enjoyment, unanimously affirmed, without costs.

Plaintiff failed to establish his entitlement to judgment as a matter of law on his causes of action for breach of contract and breach of the covenant of quiet enjoyment, or any clear entitlement to a cease and desist order. The question of whether the business judgment rule precludes these claims must await determination of the facts ( see Whalen v 50 Sutton Place S. Owners , 276 AD2d 356, 357 [2000]). Concur—Saxe, J.P., Friedman, DeGrasse, Freedman and Abdus-Salaam, JJ..