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ANDEJO CORP. v. SOUTH STREET SEAPORT LIMITED PARTNERSHIP

40 A.D.3d 407 (2007)

836 N.Y.S.2d 571

ANDEJO CORP., Doing Business as SEAPORT WATCH COMPANY, et al., Appellants-Respondents, v. SOUTH STREET SEAPORT LIMITED PARTNERSHIP, Respondent-Appellant, and SEAPORT MARKETPLACE LLC et al., Respondents, et al., Defendants.

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

Decided May 17, 2007.

This action is essentially a landlord-tenant dispute governed by New York law. The breach of contract and breach of fiduciary duty claims were properly dismissed against defendants Rouse Company, General Growth Properties and Red Acquisition (collectively, the Rouse defendants), the owners of the Seaport. The Rouse defendants were not signatories to the leases between plaintiffs and SSSLP, and in these circumstances "there is no support for the conclusion that a fiduciary...

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