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LADDER CAPITAL FINANCE LLC v. PORTFOLIO HOTELS, LLC

650703/20. Appeal No. 14366. Case No. 2020-05025.

198 A.D.3d 482 (2021)

152 N.Y.S.3d 589

2021 NY Slip Op 05630

Ladder Capital Finance LLC, Plaintiff, and 1250 North SD, LLC, et al., Appellants, v. Portfolio Hotels, LLC, Respondent.

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

Decided October 14, 2021.

Attorney(s) appearing for the Case

Polsinelli PC, New York ( Bradley Robert Gardner of counsel), for appellants.

Fox Rothschild LLP, New York ( Mitchell Berns of counsel), for respondent.

Concur—Gische, J.P., Moulton, González, Kennedy, Scarpulla, JJ.

Under the plain language of the management agreement between defendant and plaintiffs 1250 North SD, LLC and San Diego Hotel Circle Owner, LLC (collectively Owner), Owner's cause of action for breach of that agreement is subject to mandatory arbitration and cannot be joined with the claim by plaintiff Ladder Capital Finance LLC. The exception to arbitration in the management agreement governs third-party lawsuits related to the...

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