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FIFTH & FIFTY-FIFTH RESIDENCE CLUB ASSN., INC. v. VISTANA SIGNATURE EXPERIENCES, INC.

Index No. 151907/19, Appeal No. 1464, Case No. 2022-05747.

2024 NY Slip Op 00227

FIFTH AND FIFTY-FIFTH RESIDENCE CLUB ASSOCIATION, INC., Plaintiff-Appellant, v. VISTANA SIGNATURE EXPERIENCES, INC., ET AL., Defendants, ST. REGIS NEW YORK MANAGEMENT, INC., Defendant-Respondent.

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

Decided January 18, 2024.

Attorney(s) appearing for the Case

Langone Batson, LLC, Tarrytown ( James P. Batson of counsel), and Langone Batson, LLC, Chicago, IL ( Christopher V. Langone of the bar of State of Illinois, admitted pro hac vice, of counsel), for appellant.

Bryan Cave Leighton Paisner, LLP, New York ( Chris M. LaRocco of counsel), for respondent.

Before: Oing, J.P., Kennedy, Mendez, Rodriguez, Michael, JJ.

Order, Supreme Court, New York County (Andrew Borrok, J.), entered on or about November 14, 2022, which, insofar appealed from as limited by the briefs, granted the motion of defendant St. Regis New York Management, Inc. (Manager) to dismiss, with prejudice pursuant to CPLR 3211(a)(1) and (7), the claims in the second amended complaint (SAC) pertaining to its alleged (i) manipulation of a rental program and (ii) receipt of kickbacks, unanimously affirmed, with costs.

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