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CENTERLINE/FLEET HOUS. PARTNERSHIP, L.P. v. HOPKINS COURT APARTMENTS, LLC

853 CA 18-02086.

176 A.D.3d 1596 (2019)

111 N.Y.S.3d 761

2019 NY Slip Op 07171

Centerline/Fleet Housing Partnership, L.P. —Series B, a Delaware Limited Partnership, et al., Respondents, v. Hopkins Court Apartments, LLC, a Delaware Limited Liability Company, et al., Appellants, et al., Defendant. (Appeal No. 1.)

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

Decided October 4, 2019.

Attorney(s) appearing for the Case

WINTHROP & WEINSTINE, P.A., MINNEAPOLIS, MINNESOTA (DAVID A. DAVENPORT, OF THE MINNESOTA BAR, ADMITTED PRO HAC VICE, OF COUNSEL), AND WOODS OVIATT GILMAN LLP, BUFFALO, FOR DEFENDANTS-APPELLANTS.

BOIES SCHILLER FLEXNER LLP, LOS ANGELES, CALIFORNIA (ERIC S. PETTIT, OF THE CALIFORNIA BAR, ADMITTED PRO HAC VICE, OF COUNSEL), AND BARCLAY DAMON LLP, BUFFALO, FOR PLAINTIFFS-RESPONDENTS.

Present—Whalen, P.J., Smith, DeJoseph, Curran and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs, as limited partners, and defendant Hopkins Court Apartments, LLC, a Delaware Limited Liability Company (HCA), as general partner, are members of a partnership formed for the purpose of constructing and operating an affordable housing complex for senior citizens. In 2016, HCA, acting pursuant to section 4.3 (E) of the partnership agreement, refinanced...

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