Honig v. St. George Tower & Grill Owners Corp.

In an action, inter alia, for a judgment declaring that the defendants breached their fiduciary duties to the plaintiff by withholding their consent to the plaintiff’s subleasing of his apartment, the plaintiff appeals from an order of the Supreme Court, Kings County (Held, J.), dated February 1, 1994, which granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (5).

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff’s contention, the doctrines of res judicata and collateral estoppel preclude the plaintiff from re-litigating the issues…