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904 TOWER APARTMENT LLC v. MARK HOTEL LLC

No. 10 Civ. 9701(LLS).

853 F.Supp.2d 386 (2012)

904 TOWER APARTMENT LLC and Madison Apartment 905 LLC, Plaintiffs, v. The MARK HOTEL LLC, Mark Hotel Sponsor LLC, the Mark Hotel Owners Corp., Alexico Group, Ltd., 205 East 45 LLC, Simon Elias, Izak Senbahar and John Does 1-10, Defendants.

United States District Court, S.D. New York.

March 29, 2012.

Attorney(s) appearing for the Case

Carl David Lesueur, David Allan Pellegrino, New York, NY, for Plaintiffs.

Jeffrey Louis Braun, Julie Miriam Weiswasser, Matthew Belman Moses, Natan M. Hamerman, New York, NY, for Defendants.

OPINION AND ORDER

LOUIS L. STANTON, District Judge.

Plaintiffs bring this action for breach of contract, fraud, and related claims, alleging that defendants fraudulently induced them to enter, and subsequently breached, agreements to purchase two adjacent luxury apartments in a $750 million mixed hotel and cooperative apartment development, resulting in plaintiffs' loss of approximately $2.6 million in down payments.

Defendants initially scheduled...

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