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PLAZA LLC v. PLAZA LP

7055, 602673/08, 600732/10.

98 A.D.3d 89 (2012)

947 N.Y.S.2d 498

2012 NY Slip Op 5119

THE PLAZA PH2001 LLC, Appellant, v. PLAZA RESIDENTIAL OWNER LP et al., Respondents. THE PLAZA PH2001 LLC, Appellant, v. PLAZA RESIDENTIAL OWNER LP et al., Respondents.

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

June 26, 2012.

Attorney(s) appearing for the Case

Morrison Cohen LLP, New York City ( Y. David Scharf , Jerome Tarnoff and Joaquin Ezcurra of counsel), for appellant.

Kramer Levin Naftalis & Frankel LLP, New York City ( Jeffrey W. Davis and Samantha V. Ettari of counsel), for respondents.

SWEENY, FREEDMAN and MANZANET-DANIELS, JJ., concur with SAXE, J.P.

OPINION OF THE COURT

SAXE, J.

This litigation arose because plaintiff's expectations for the penthouse apartment that it had agreed, preconstruction, to purchase were not met by the apartment as built. The question is whether plaintiff is left with any legal recourse, in view of the provisions of the purchase agreements, offering plan, and construction plans that defendants rely on in their current dismissal...

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