FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC v. CAMMEBY'S FUNDING LLC

8954, 650332/11.

102 A.D.3d 440 (2013)

956 N.Y.S.2d 881

2013 NY Slip Op 40

FUNDAMENTAL LONG TERM CARE HOLDINGS, LLC, Appellant, et al., Plaintiffs, v. CAMMEBY'S FUNDING LLC et al., Respondents.

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

Decided January 8, 2013.


In this action, plaintiffs sought a declaration as to the interpretation of an option agreement. Defendants asserted a counterclaim for breach of contract, seeking specific performance of the option agreement and, in the alternative, damages. In a prior appeal, we affirmed orders that, inter alia, granted defendants' motion for summary judgment dismissing the complaint, and directed the entry of a judgment declaring that plaintiff Fundamental must issue ownership of one third...

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