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DEKA IMMOBILIEN INV. GMBH v. LEXINGTON AVE. HOTEL, L.P.

Index No. 653717/2020. Appeal No. 14178. Case No. 2021-00555.

196 A.D.3d 424 (2021)

151 N.Y.S.3d 390

2021 NY Slip Op 04275

Deka Immobilien Investment GmbH, Appellant-Respondent, v. Lexington Avenue Hotel, L.P., Respondent-Appellant.

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

Decided July 8, 2021.

Attorney(s) appearing for the Case

Glenn Agre Bergman & Fuentes LLP, New York ( Jed I. Bergman of counsel), for appellant-respondent.

Schlam Stone & Dolan LLP, New York ( Joshua Wurtzel of counsel), for respondent-appellant.

Concur—Manzanet-Daniels, J.P., Webber, Singh, Kennedy, JJ.

Plaintiff Deka Immobilien Investment GmbH, a German capital investment company and capital management company acting for the account and benefit of the German open-end real estate fund Deka ImmobilienGlobal (Deka Fund), entered into a partnership agreement with two affiliates of New York-based real estate investment company Ashkenazy Acquisition Corporation, forming defendant partnership Lexington Avenue Hotel, L.P. On July 31...

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