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CRANE v. 206 W 41ST ST HOTEL

3224, 115023/09, 2590.

87 A.D.3d 174 (2011)

926 N.Y.S.2d 438

2011 NY Slip Op 5434

CRANE, A.G., Appellant, v. 206 WEST 41ST STREET HOTEL ASSOCIATES, L.P., Respondent, et al., Defendants.

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

Decided June 23, 2011.

Attorney(s) appearing for the Case

Herrick, Feinstein LLP, New York City ( Raymond N. Hannigan , Ross L. Hirsch and Matthew D. Sobolewski of counsel), for appellant.

Mark D. Mermel , Great Neck, for respondent.

FRIEDMAN and DeGRASSE, JJ., concur with McGUIRE, J.; ANDRIAS, J.P., and ACOSTA, J., dissent in a separate opinion by ACOSTA, J.

OPINION OF THE COURT

McGUIRE, J.

The plaintiff in this foreclosure action, Crane, A.G., is owned by John Lucas, one of the 50% owners of the defendant, 206 West 41st Street Hotel Associates, L.P. (the Hotel). Specifically, Lucas owns Carroll Hotel 206 West 41st Street, LLC (Carroll), one of the two limited partners of the Hotel. The other limited partner, Morgan 206 West 41st Street Corporation (Morgan), is owned...

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