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TANTALLON AUSTIN HOTEL, LLC v. WILMINGTON TRUST, N.A.

Index No. 654312/21. Appeal No. 16437. Case No. 2022-00784.

209 A.D.3d 513 (2022)

177 N.Y.S.3d 6

2022 NY Slip Op 05778

Tantallon Austin Hotel, LLC, Appellant, v. Wilmington Trust, National Association, et al., Respondents.

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

Decided October 13, 2022.

Attorney(s) appearing for the Case

Couiello Weber & Dahill LLP, White Plains ( William F. Dahill of counsel), for appellant.

Holland & Knight LLP, New York ( David V. Mignardi of counsel), for respondents.

Concur—Renwick, J.P., Friedman, Singh, Shulman, Higgitt, JJ.

Order, Supreme Court, New York County (Jennifer Schecter, J.), entered on or about January 19, 2022, which granted defendants' motion to dismiss the complaint, and declared that plaintiff is not entitled to a return of the liquidation fee it had paid to defendants, unanimously modified, on the law, to reinstate the breach of contract claim against defendant Wilmington Trust, National Association (the trust), reinstate the unjust enrichment claim against both defendants and...

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