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S & S HOTEL v. 777 S.H. CORP.

108 A.D.2d 351 (1985)

S & S Hotel Ventures Limited Partnership, Appellant, v. 777 S.H. Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 23, 1985

Attorney(s) appearing for the Case

Allen Green of counsel (Jacob H. Zamansky with him on the brief; Bell, Kalnick, Beckman, Klee & Green, attorneys), for appellant.

Jonathan M. Herman of counsel (Scott H. Wyner with him on the brief; Demov, Morris, Levin & Hammerling, attorneys), for respondent.

SULLIVAN, J. P., CARRO and ASCH, JJ., concur.

FEIN, J.

Plaintiff S & S Hotel Ventures Limited Partnership (S & S) appeals from an order granting defendant's motion pursuant to CPLR 3211 (a) (7), dismissing plaintiff's second cause of action for failure to state a cause of action.

The first cause of action alleges that on February 17, 1981 plaintiff S & S and defendant 777 S. H. Corp, a Delaware corporation owned by Citibank, N.A., entered...

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