Plaintiff failed to establish his entitlement to judgment as a matter of law on his causes of action for breach of contract and breach of the covenant of quiet enjoyment, or any clear entitlement to a cease and desist order. The question of whether the business judgment rule precludes these claims must await determination of the facts (see Whalen v 50 Sutton Place S. Owners, 276 AD2d 356, 357 [2000]). Concur — Saxe, J.P, Friedman, DeGrasse, Freedman and Abdus-Salaam, JJ.