Order and judgment (one paper), Supreme Court, New York County (Diane Lebedeff, J.), entered October 27, 2003, which, inter aha, granted defendant-respondent’s motion for summary judgment, dismissing plaintiff’s claims for equitable relief and canceling the notice of pendency filed by plaintiff, unanimously affirmed, without costs.
Plaintiff corporation and defendant-respondent are 50% partners in the beneficiary plaintiff, a general partnership. Plaintiff seeks imposition of a constructive trust, declaratory and other equitable relief and reformation of a 2003 deed conveying certain property to defendant-respondent, on the theory that defendant-respondent usurped the general partnership’s opportunity to purchase downtown Manhattan real estate. There is, however, no evidence that the general partnership had a “tangible expectancy” of purchasing the subject realty or that such purchase would have been consistent with its appropriately defined purpose (see Alexander & Alexander of N.Y. v Fritzen,
We have considered plaintiffs remaining arguments and find them unavailing. Concur—Tom, J.P., Andrias, Ellerin and Gonzalez, JJ.
