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111 W. 57TH INV. LLC v. 111W57 MEZZ INV. LLC

655031/17. Appeal No. 13458. Case No. 2020-01600.

192 A.D.3d 618 (2021)

2021 NY Slip Op 01937

111 West 57th Investment LLC, on Behalf of Itself and Derivatively on Behalf of 111 West 57th Partners LLC, et al., Respondent-Appellant, v. 111W57 Mezz Investor LLC, Appellant-Respondent, et al., Defendants.

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

Decided March 30, 2021.

Attorney(s) appearing for the Case

Greenberg Traurig, LLP, New York ( Steven Sinatra of counsel), for appellant-respondent.

Meister Seelig & Fein LLP, New York ( Eugene Meyers of counsel), and Cooper & Kirk, PLLC, Washington, DC ( Haley N. Proctor of the bar of the District of Columbia admitted, pro hac vice of counsel), for respondent-appellant.

Concur—Gische, J.P., Singh, Scarpulla, Mendez, JJ.

Plaintiff 111 West 57th Investment LLC entered into a joint venture to develop a luxury condominium building at 111 West 57th Street in Manhattan. Plaintiff's coventurer was 111 West 57th, the sponsor LLC (the sponsor). The sponsor's principals are Michael Stern and Kevin Maloney. Both plaintiff and the sponsor are members of nominal defendant 111 West 57th Partners LLC (the Company). The relationship between plaintiff and the sponsor is set forth in the Amended and Restated...

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