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PANATTONI DEV. CO., INC. v. SCOUT FUND I-A, LP

654314/12. Appeal No. 12345. Case No. 2019-04143.

188 A.D.3d 498 (2020)

132 N.Y.S.3d 279

2020 NY Slip Op 06457

Panattoni Development Company, Inc., Respondent, v. Scout Fund I-A, LP, et al., Appellants.

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

Decided November 12, 2020.

Contrary to defendants' arguments, the trial court properly followed this Court's guidance regarding the controlling contracts (see Panattoni Dev. Co., Inc. v Scout Fund 1-A, LP, 154 A.D.3d 555 [1st Dept 2017]) in determining that Panattoni did not act as the investment manager for any of the joint ventures, rejecting testimony to the contrary as inconsistent with the weight of the evidence and lacking credibility. In light of the...

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