Coventry Real Estate Advisors v. Developers Diversified Realty Corp.

*584Order, Supreme Court, New York County (Shirley Werner Kornreieh, J.), entered June 25, 2010 (the June 2010 order), which, insofar as appealed from as limited by the briefs, granted defendants’ motion to dismiss plaintiffs’ fifth cause of action for breach of fiduciary duty, unanimously affirmed, with costs. Order, same court and Justice, entered December 9, 2010, which granted plaintiffs’ motion for reargument of the June 2010 order and, upon reargument, adhered to its prior decision, unanimously affirmed, with costs.

Pursuant to a coinvestment agreement, the parties entered into a series of…