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SHILKOFF, INC. v. 885 THIRD AVENUE CORPORATION

299 A.D.2d 253 (2002)

750 N.Y.S.2d 53

SHILKOFF, INC., Appellant, v. 885 THIRD AVENUE CORPORATION et al., Respondents.

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

Decided November 21, 2002.

In this derivative action by a limited partner in a limited partnership that was a coventurer/partner in a real estate construction and development partnership, 885 Third Avenue Corporation (885), the corporate partner in the venture, bought out the limited partnership's interests pursuant to a buy/sell provision. In dismissing plaintiff's breach of contract claim against 885, the motion court properly interpreted the partnership agreement, notwithstanding plaintiff's contrary...

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