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LEIBER v. ARBORETUM JOINT VENTURE, LLC

No. COA09-1284.

702 S.E.2d 805 (2010)

Hilmar LEIBER, Plaintiff, v. ARBORETUM JOINT VENTURE, LLC, AAC-Arboretum Joint Venture Consolidated Limited Partnership, AAC-Franklin Square Limited Partnership, Franklin III Limited Partnership, AAC-Franklin Development GP Limited Partnership, AAC-Franklin Development, Inc., Franklin Square IV, LLC, Southlake Limited Partnership, AAC Retail Property Development And Acquisition Fund, LLC, AAC Retail Fund Management, LLC, American Asset Corporation Companies, Ltd., AAC Investments, Inc., Gastonia Limited Partnership, Arbor Limited Partnership, Bank of America and Wachovia Bank, Defendants.

Court of Appeals of North Carolina.

December 7, 2010.

Attorney(s) appearing for the Case

Bishop, Capitano & Moss, P.A., Charlotte, by J. Daniel Bishop , for Plaintiff.

Robinson, Bradshaw & Hinson, P.A., Charlotte, by Douglas M. Jarrell and Heyward H. Bouknight for Defendant Wachovia Bank.

Driscoll Sheedy, P.A., Rock Hill, by James W. Sheedy and Susan E. Driscoll for Defendant Bank of America.

K & L Gates, LLP, Charlotte, by Kiran H. Mehta and Samuel T. Reaves for Defendants Arboretum Joint Venture, LLC, AAC-Arboretum Joint Venture Consolidated Limited Partnership, AAC-Franklin Square Limited Partnership, Franklin III Limited Partnership, AAC-Franklin Development GP Limited Partnership, AAC-Franklin Development, Inc., Franklin Square IV, LLC, Southlake Limited Partnership, AAC Retail Property Development and Acquisition Fund, LLC, AAC Retail Fund Management, LLC, American Asset Corporation Companies, Ltd., and AAC Investments, Inc.

BEASLEY, Judge.

Plaintiff appeals from an order granting the AAC Defendants' motion for summary judgment. For the reasons stated herein, we conclude that the trial court did indeed erroneously grant the AAC Defendants' motion for summary judgment and we reverse.

Plaintiff, Hilmar Leiber, is a German national who at times relevant to this action, resided in Germany. While living in Germany Plaintiff met fellow German national, Wolfram Count von Spreti. During...

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