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RXR WWP OWNER LLC v. WWP SPONSOR, LLC

2425, 653553/13.

145 A.D.3d 494 (2016)

2016 NY Slip Op 08302

43 N.Y.S.3d 298

RXR WWP OWNER LLC, Appellant, v. WWP SPONSOR, LLC, et al., Defendants, and AMERICAN REALTY CAPITAL PROPERTIES, INC., Doing Business as AMERICAN REALTY CAPITAL, et al., Respondents.

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

Decided December 8, 2016.

On a prior appeal (132 A.D.3d 467 [1st Dept 2015]) (RXR I), we held: "ARC's [American Realty Capital Properties, Inc. and American Realty Capital New York Recovery REIT, Inc.] arguments regarding plaintiff's ability to prove lost profits `are more appropriately addressed on a motion for summary judgment' and are `premature' on a motion to dismiss. In addition,... plaintiff plausibly alleges that ARC's breach of the confidentiality...

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