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CARA ASSOC., L.L.C. v. MILSTEIN

132, 651726/15.

140 A.D.3d 657 (2016)

36 N.Y.S.3d 6

2016 NY Slip Op 05224

CARA ASSOCIATES, L.L.C., et al., Respondents, v. HOWARD P. MILSTEIN et al., Appellants.

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

Decided June 30, 2016.

Since nonparty Wells Fargo Bank, N.A. ceased to hold a mortgage on the partnerships' unsold condominium units on December 24, 2015, the only document at issue on appeal is the written confirmatory agreement of partnership, not the written consent. The first sentence of paragraph 2 (b) of the partnership agreement states, "[U]ntil changed by a majority in interest of the Partners, ... [defendant] Rector Park Associates LLC, Cara ..., [and] Hudson ... grant ... Milstein...

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