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CALABRESE v. AJG PARKVIEW CORP.

2016-13420, 2016-13456. Index Nos. 602920/15, 603044/15.

187 A.D.3d 1122 (2020)

2020 NY Slip Op 06089

James Calabrese, Appellant, v. AJG Parkview Corp., Respondent. (Action No. 1.). AJG Parkview Corp., Respondent, v. Parkview at Salisbury, LLC, et al., Appellants. (Action No. 2.).

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

Decided October 28, 2020.

Ordered that the order entered September 8, 2016, is modified, on the law, by deleting the provision thereof denying that branch of the motion of AJG Parkview Corp. which was for summary judgment declaring that it is entitled to receive distributions in accordance with section 7.2(d) of the operating agreement, and substituting therefor a provision granting that branch of the motion; as so modified, the order entered September 8, 2016, is affirmed insofar as appealed from...

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