Atlantic St. John, LLC v. Yeomans

*267Order, Supreme Court, New York County (Bernard J. Fried, J.), entered October 25, 2004, which, in an action arising out of an aborted agreement to procure financing for the purchase of a shopping center, granted defendants’ motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.

Plaintiffs’ claim of breach of fiduciary duty was properly dismissed since the parties’ various contracts terminated by their express terms with the failure of the contract’s express closing conditions. Plaintiffs cannot resurrect their plainly defective breach of…