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U-TREND N.Y. INVESTMENT L.P. v. US SUITE LLC

2409, 652082/14, 2409A.

145 A.D.3d 475 (2016)

2016 NY Slip Op 08185

41 N.Y.S.3d 709

U-TREND NEW YORK INVESTMENT L.P., Individually and Derivatively on Behalf of Nominal Defendant HOSPITALITY SUITE INTERNATIONAL, S.A. and its Wholly-Owned Subsidiary US SUITE CORP., Respondent, v. US SUITE LLC et al., Appellants.

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

Decided December 6, 2016.

We perceive no basis for disturbing the court's order directing distribution to plaintiff of the net proceeds of the sale of the property at issue. The court properly determined that plaintiff was entitled to those proceeds based upon loans it advanced related to the acquisition of the property, along with interest due on the loans.

The court's denial of recusal was an appropriate exercise of discretion (see Mehulic v New York Downtown Hosp.,

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