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ATLANTIS MGT. GROUP II LLC v. NABE

Index No. 651598/17. Appeal No. 288. Case No. 2022-01102.

216 A.D.3d 526 (2023)

190 N.Y.S.3d 13

2023 NY Slip Op 02737

Atlantis Management Group II LLC, Appellant, v. Rajan Nabe et al., Respondents.

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

Decided May 18, 2023.

Attorney(s) appearing for the Case

Wenig Saltiel LLP, Brooklyn ( Meryl L. Wenig of counsel), Spiegel Legal LLC, Florida ( Steven J. Spiegel of counsel), for appellant.

Leech Tishman Robinson Brog PLLC, New York ( John D. D'Ercole of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, González, Shulman, Higgitt, JJ.

Order, Supreme Court, New York County (Jennifer G. Schecter, J.), entered on or about February 3, 2022, which, to the extent appealed from as limited by the briefs, dismissed the cause of action for specific performance and declared that section 6.3 of the parties' operating agreements constituted an unenforceable penalty, unanimously affirmed, with costs.

Supreme Court correctly concluded that section 6.3 of the parties' operating agreements (OAs)—the provision...

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