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INTERVENTURE 77 HUDSON LLC v. FALCON REAL ESTATE INVESTMENT CO., LP

9258, 653913/13.

172 A.D.3d 481 (2019)

101 N.Y.S.3d 326

2019 NY Slip Op 03670

Interventure 77 Hudson LLC et al., Appellants, v. Falcon Real Estate Investment Co., LP, Now Doing Business as Falcon Real Estate Investment Management Ltd., et al., Respondents, et al., Defendants.

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

Decided May 9, 2019.

The motion court correctly granted defendant Hill's motion for summary judgment dismissing all but the claim for breach of fiduciary duty, and granted defendant IRES's motion in its entirety, finding plaintiffs' claims time barred under the Delaware statute of limitations, and our application of New York's "borrowing statute" (CPLR 202; see Oxbow Calcining USA Inc. v American Indus. Partners, 96 A.D.3d 646 [1st Dept 2012]; Kat...

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