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CITICORP N. AM., INC. v. FIFTH AVE. 58/59 ACQUISITION CO., LLC

117846/2006.

2009 NY Slip Op 52747(U)

CITICORP NORTH AMERICA, INC., CITIBANK N.A., AND BANCO NACIONAL DE MEXICO, S.A., Plaintiffs, v. FIFTH AVENUE 58/59 ACQUISITION CO., LLC, FIFTH AVENUE 58/59 ACQUISITION CO., LP, 767 FIFTH AVENUE LLC, F/K/A TRUMP 767 FIFTH AVENUE LLC, AND LONGSTREET ASSOCIATES, L.P., Defendants.

Supreme Court, New York County.

Decided January 12, 2009.

Attorney(s) appearing for the Case

Moses & Singer LLP, David Rabinowitz, Esq., Henry Bergman, Esq., Christopher Gresh, Esq., New York NY, for the Plaintiffs.

Stempel Benett Claman & Hochberg PC, Richard Claman, Esq., New York NY, for Fifth Avenue 58/59 Defendants.

Mazur, Carp & Rubin, PC, Sayward Mazur, Esq., New York NY, for 767 Fifth Avenue LLC.

PAUL G. FEINMAN, J.

Plaintiffs' motion for partial summary judgment pursuant to CPLR 3212, and the cross-motion by the "Fifth Avenue" defendant1 for dismissal pursuant to CPLR 3211, are consolidated for purposes of decision. For the reasons which follow, the motion is denied, the cross-motion is granted, and after searching the record pursuant to CPLR 3212 (b), summary judgment and dismissal of the complaint in its entirety is directed...

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