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EDEN ROC, LLLP v. MARRIOTT INTL., INC.

12188, 651027/12

116 A.D.3d 486 (2014)

983 N.Y.S.2d 549

2014 NY Slip Op 2498

EDEN ROC, LLLP, Appellant, v. MARRIOTT INTERNATIONAL, INC., et al., Respondents.

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

Decided April 10, 2014.

Plaintiff hotel owner's cause of action for trespass was properly dismissed since it is not based on any tort obligation that was "apart from and independent of" defendants hotel managers' obligation under the management agreement to peacefully vacate and surrender the hotel by the effective date of termination of the agreement (New York Univ. v Continental Ins. Co., 87 N.Y.2d 308, 316...

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