Opinion
June 22, 1999.
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
Plaintiff makes a strong showing that his relationship with defendants with respect to the original lease was not that of subtenant but rather member in a partnership formed to hold and manage the leasehold, and that prior to the lease's expiration and contrary to the parties' express understanding that defendants were to negotiate a renewal lease with the landlord on the partnership's behalf and in the parties' joint names defendants entered into a renewal lease that named only the individual defendant's corporation as the new tenant. Such showing makes imposition of a constructive trust and an accounting appropriate remedies should plaintiff ultimately establish his interest in a partnership opportunity in the renewal lease ( see, Schneidman v. Tollman, 190 A.D.2d 524; Palazzo v. Palazzo, 121 A.D.2d 261, 265). Injunctive relief against a threatened eviction that would tend to render the constructive trust ineffectual was properly granted upon appropriate conditions.
Concur — Nardelli, J. P., Williams, Tom, Wallach and Andrias, JJ.