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IHG MANAGEMENT (MARYLAND) LLC v. WEST 44TH ST. HOTEL LLC

655914/17. 7045. 7044. 7043.

163 A.D.3d 413 (2018)

81 N.Y.S.3d 401

2018 NY Slip Op 04957

IHG Management (Maryland) LLC, Respondent, v. West 44th Street Hotel LLC, Appellant, et al., Defendant.

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

Decided July 3, 2018.

The court properly denied defendant owner's motion to dismiss the cause of action for specific performance. It is undisputed that the hotel management agreement (HMA) at issue provides for the application of Maryland law, which specifically provides that a court may order specific performance for anticipatory or actual breach or attempted or actual termination of a hotel management agreement (Md Code Ann, Com Law §§ 23-102 [b]; 23-101 [c]). Sections 14.02 (d) and...

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