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SC PHILIPS CLARK, LLC v. SHORE CLUB MANAGING MEMBER, LLC

2019-08225. Index No. 610536/18.

204 A.D.3d 949 (2022)

167 N.Y.S.3d 519

2022 NY Slip Op 02571

SC Philips Clark, LLC, Respondent, v. Shore Club Managing Member, LLC, et al., Appellants.

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

Decided April 20, 2022.

Attorney(s) appearing for the Case

Fried, Frank, Harris, Shriver & Jacobson LLP, New York, NY (Janice Mac Avoy, Israel David, Kristin Whidby, and Jaspan Schlesinger LLP [Steven R. Schlesinger and Daniel E. Shapiro], of counsel), for appellants.

The Law Office of Steven Cohn, P.C., Carle Place, NY (Susan E. Dantzig and Alan S. Zigman of counsel), for respondent.

Iannacci, J.P., Chambers, Roman and Ford, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

Nonparty Shore Club Property Owner, LLC (hereinafter the Owner), acquired from an affiliate of the plaintiff title to property in Miami Beach on which a hotel was operated. At the same time, the plaintiff entered into a profit participation agreement (hereinafter the PPA) with the Owner, the defendant Shore Club Managing...

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