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U-TREND N.Y. INV. L.P. v. US SUITE LLC

652082/14. 10819A. 650498/15. 10819.

186 A.D.3d 438 (2020)

131 N.Y.S.3d 321

2020 NY Slip Op 04810

U-Trend New York Investment L.P., Appellant-Respondent, v. US Suite LLC et al., Defendants, and Aura Investments Ltd., Respondent-Appellant. U-Trend New York Investment L.P., Appellant-Respondent, v. Aura Investments Ltd., Respondent-Appellant, et al., Defendants. (And Other Actions.)

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

Decided August 27, 2020.

Aura makes various arguments as to why U-Trend should have recovered no damages at all, but they are unavailing.

First, the exculpatory clause in the operating agreement for defendant (in the 2014 case) US Suite LLC (Suite LLC) does not help Aura because it limits the liability of Members, Affiliates, and officers and directors of the above to Suite LLC and the other Member of that limited liability company (defendant [in the 2014 case] 440 West 41st LLC [440...

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