FRIED v. LEHMAN BROS. REAL ESTATE ASSOC. III, L.P.

Docket No. 651461/11.

2016 NY Slip Op 31490(U)

BARBARA J. FRIED; ALTITUDE PARTNERS, LLC; RICHARD D. MALTZMAN, AS TRUSTEE FOR THE RICHARD D. & CHARLENE MALTZMAN FAMILY TRUST; JEFFOREED PARTNERS, L.P.; ZELFAM, LLC; on behalf of themselves and other limited partners joining them, Plaintiffs, v. LEHMAN BROTHERS REAL ESTATE ASSOCIATES III, L.P.; LEHMAN BROTHERS PRIVATE EQUITY ADVISERS, LLC; REAL ESTATE PRIVATE EQUITY, INC.; SILVERPEAK REAL ESTATE PARTNERS, LP; REPE CP MANAGECO, LLC; MARK A. WALSH; MARK H. NEWMAN; BRETT BOSSUNG; RODOLPHO AMBOSS; KEVIN DINNIE; MICHAEL J. ODRICH; CHRISTOPHER M. O'MEARA; RICHARD S. FULD, JR.; JOSEPH M. GREGORY; ERIN CALLAN; IAN LOWITT; THOMAS RUSSO; & JOHN DOE 1 through 50, Defendants.

Supreme Court, New York County.

August 5, 2016.


Motions bearing sequence numbers 003, 004 and 005 are consolidated for disposition.

This is an action for fraud, breach of fiduciary duty, breach of contract and a declaratory judgment arising from several real estate investment partnerships formed in 2007. The gravamen of the amended complaint ("complaint") is...

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