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TAMACH AIRPORT MANAGER, LLC v. HRC FUND III POOLING DOMESTIC LLC

6161, 603817/08, 590212/09.

89 A.D.3d 635 (2011)

933 N.Y.S.2d 275

2011 NY Slip Op 8642

TAMACH AIRPORT MANAGER, LLC, Appellant, v. HRC FUND III POOLING DOMESTIC LLC, Defendant/Third-Party Plaintiff-Respondent. TAMACH REAL ESTATE MANAGEMENT, INC., et al., Third-Party Defendants-Appellants.

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

Decided November 29, 2011.

Defendant/third-party plaintiff HRC Fund III Pooling Domestic LLC (HRC) established its entitlement to summary judgment as to the causes of actions asserted in its counterclaim and third-party complaint. The record reveals that plaintiff and third-party defendants signed agreements which stated that should plaintiff contest or materially interfere with any foreclosure action or Uniform Commercial Code sale by making any motion, commencing any action, seeking any injunction...

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