BROWNING AVE. REALTY CORP. v. RUBIN


207 A.D.2d 263 (1994)

615 N.Y.S.2d 360

Browning Avenue Realty Corp., on Behalf of Itself and Cross County Square Associates, a Joint Venture, Respondent, v. Ira Rubin et al., Appellants

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

August 4, 1994


On May 8, 1984, the plaintiff entered into a joint venture agreement with the non-party defendant Bernard Rosenshein, a now bankrupt developer, for the purpose of constructing a shopping center. In 1987, Rosenshein informed the plaintiff that the cost of the project exceeded the original construction budget of $25,000,000 by 50 percent and requested that it pay one-half of the cost of the shopping center in excess of the permanent financing. The plaintiff rejected this capital...

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