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A&F HAMILTON HGTS. CLUSTER, INC. v. URBAN GREEN MGT., INC.

653038/14. 11389A. 11389.

186 A.D.3d 409 (2020)

129 N.Y.S.3d 413

2020 NY Slip Op 04440

A&F Hamilton Heights Cluster, Inc., et al., Plaintiffs, and James Fendt, Appellant, v. Urban Green Management, Inc., et al., Defendants. WHGA Hamilton Heights Cluster, Inc., et al., Intervenors-Respondents, v. Hamilton Heights Cluster Associates, L.P., et al., Intervenors-Defendants, and A&F HHC Equities, LLC, Intervenor-Appellant. Safeguard Realty Management, Inc., et al., Nonparty Respondents. (And a Third-Party Action.)

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

Decided August 6, 2020.

This action involves a dispute over management and ownership of a limited partnership. The principal issue presented by this appeal is whether a limited partnership agreement signed in 1999 (the 1999 agreement) is the governing agreement, or whether an unsigned 2004 amendment to the 1999 limited partnership agreement (the unsigned amendment) is valid and therefore governs the parties' respective rights. Supreme Court found that the 1999 agreement was the operative agreement...

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