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MMA MEADOWS AT GREEN TREE, LLC v. MILLRUN APARTMENTS, LLC

653943/13, 15381, 15380

130 A.D.3d 529 (2015)

15 N.Y.S.3d 2

2015 NY Slip Op 06198

MMA MEADOWS AT GREEN TREE, LLC, et al., Respondents, v. MILLRUN APARTMENTS, LLC, et al., Appellants. MCAP ROBESON APARTMENTS L.P., Nominal Party.

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

Decided July 21, 2015.

Contrary to Millrun, MCAP II, Developer, and Corey's contention, section 5.5(C) of the partnership agreement among plaintiffs and Millrun does not require plaintiff MMA Meadows at Green Tree, LLC (MMA) to arbitrate its claims that it was fraudulently induced into paying the third installment of its capital contribution and that MCAP II, Developer, and Corey were unjustly enriched thereby (see Matter of Bunzl [Battanta],...

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