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STANG LLC v. HUDSON SQUARE HOTEL, LLC

653600/15. 5626. 5625. 5624. 5623.

158 A.D.3d 446 (2018)

71 N.Y.S.3d 17

2018 NY Slip Op 00807

STANG LLC, et al., Appellants, v. HUDSON SQUARE HOTEL, LLC, et al., Respondents, et al., Defendants.

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

Decided February 6, 2018.

Contrary to plaintiffs' contention, the motion court did not engage in improper issue determination; rather, it applied the correct standards on a CPLR 3211 motion to dismiss.

The court correctly dismissed the unjust enrichment claims because there is a valid and enforceable operating agreement governing the subject matter of those claims (see Kramer v Greene, 142 A.D.3d 438, 441 [1st Dept 2016]).

Neither the complaint...

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