Opinion
February 10, 2000
Order, Supreme Court, New York County (Charles Ramos, J.), entered July 10, 1998, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
David Bolton for the Plaintiff-Appellant.
Michael C. Hefter for the Defendant-Respondent.
SULLIVAN, J.P., TOM, LERNER, ANDRIAS, JJ.
Summary judgment was properly granted dismissing plaintiff's remaining claim that defendant aided and abetted the nonparty developer's alleged breach of fiduciary duty, since plaintiff offered no evidence that defendant had actual knowledge of the alleged breaches (see, Lenczycki v. Shearson Lehman Hutton, Inc., 238 A.D.2d 248, lv dismissed in part and denied in part 91 N.Y.2d 918). We therefore need not and do not decide whether breaches of fiduciary duty by nonparties occurred.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.