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CENTERLINE/FLEET HOUS. PARTNERSHIP, L.P.—SERIES B v. HOPKINS CT. APTS., L.L.C.

No. 57 CA 20-00299.

195 A.D.3d 1375 (2021)

2021 NY Slip Op 03677

Centerline/Fleet Housing Partnership, L.P.—Series B, a Delaware Limited Partnership, et al., Appellants, v. Hopkins Court Apartments, L.L.C., a Delaware Limited Liability Company, et al., Respondents, et al., Defendant.

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

Decided June 11, 2021.

Attorney(s) appearing for the Case

KING & SPALDING LLP, LOS ANGELES, CALIFORNIA ( ERIC S. PETTIT , OF THE CALIFORNIA BAR, ADMITTED PRO HAC VICE, OF COUNSEL), AND BOND, SCHOENECK & KING, PLLC, BUFFALO, FOR PLAINTIFFS-APPELLANTS.

WINTHROP & WEINSTINE, P.A., MINNEAPOLIS, MINNESOTA ( DAVID A. DAVENPORT , OF THE MINNESOTA BAR, ADMITTED PRO HAC VICE, OF COUNSEL), AND WOODS OVIATT GILMAN LLP, BUFFALO, FOR DEFENDANTS-RESPONDENTS.

Present—Smith, J.P., Lindley, NeMoyer, Curran and DeJoseph, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs, as limited partners, and defendant Hopkins Court Apartments, L.L.C. (HCA), as general partner, are members of a partnership formed for the purpose of constructing and operating an affordable housing complex for senior citizens (project). In 2016, HCA, acting pursuant to section 4.3(E) of the partnership...

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