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138-140 W. 32ND ST. ASSOCIATES LLC v. 138-140 W. 32ND ST. ASSOC.

Index No. 152064/13. Appeal No. 15719. Case No. 2021-04435.

204 A.D.3d 489 (2022)

164 N.Y.S.3d 450

2022 NY Slip Op 02488

138-140 West 32nd Street Associates LLC, Respondent, v. 138-140 West 32nd Street Associates, a New York General Partnership, et al., Appellants.

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

Decided April 14, 2022.

Attorney(s) appearing for the Case

Wachtel Missry LLP, New York ( Evan S. Weintraub , of counsel) for appellants.

Goldberg Weprin Finkel Goldstein LLP, New York ( Kevin J. Nash , of counsel) for respondent.

Concur—Acosta, P.J., Kern, González, Shulman, JJ.

The Partnership Law, which provides that "[a]ny estate in real property may be acquired in the partnership name" (Partnership Law § 12[3]), also recognizes that title to real property of the partnership may be held in the name of one partner, in the names of some but not all of the partners, or in the names of all the partners (id.; Partnership Law § 21[3], [4], [5]). Consistent with that principle, "it may always be shown that property, title to which is...

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