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EBURY FUND 1, LP, v. ARQUE TAX RECEIVABLE FUND, LP

2018-13285, Index No. 50785/18.

175 A.D.3d 1486 (2019)

106 N.Y.S.3d 909

2019 NY Slip Op 06744

Ebury Fund 1, LP, Appellant, v. Arque Tax Receivable Fund, LP, et al., Respondents.

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

September 25, 2019.

Attorney(s) appearing for the Case

Benowich Law, LLP, White Plains, NY ( Leonard Benowich of counsel), for appellant.

Cuddy & Feder LLP, White Plains, NY ( Brendan M. Goodhouse of counsel), for respondent David Bullock.

Mastro, J.P., Maltese, Connolly and Iannacci, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action, inter alia, to recover damages for breach of contract and conversion. The defendants moved pursuant to CPLR 3211 (a) (7) to dismiss the second, third, and fourth causes of action. The Supreme Court granted the motion. The plaintiff appeals from so much of the order as granted that branch of the defendants' motion which was pursuant to CPLR 3211 (a) (7) to...

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