CENTERLINE FLEET HOUSING PARTNERSHIP SERIES DELAWARE LIMITED PARTNERSHIP AND RCHP SLP II DELAWARE LIMITED PARTNERSHIP INDIVIDUALLY AND DERIVATIVELY ON BEHALF OF HOPKINS COURT ASSOCIATES NEW YORK LIMITED PARTNERSHIP PLAINTIFFS RESPONDENTS v. APPEAL NO

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

CENTERLINE/FLEET HOUSING PARTNERSHIP, L.P.—SERIES B, A DELAWARE LIMITED PARTNERSHIP, AND RCHP SLP II, L.P., A DELAWARE LIMITED PARTNERSHIP, INDIVIDUALLY AND DERIVATIVELY ON BEHALF OF HOPKINS COURT ASSOCIATES, L.P., A NEW YORK LIMITED PARTNERSHIP, PLAINTIFFS–RESPONDENTS, v. HOPKINS COURT APARTMENTS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, WHITNEY CAPITAL COMPANY, LLC, A DELAWARE LIMITED LIABILITY COMPANY, WHITNEY HOPKINS ASSOCIATES, A NEW YORK GENERAL PARTNERSHIP, CRS PROPERTIES, INC., A NEW YORK CORPORATION, DEFENDANTS–APPELLANTS, ET AL., DEFENDANT. (APPEAL NO. 2.)

CA 18–02084

Decided: October 04, 2019

PRESENT:  WHALEN, P.J., SMITH, DEJOSEPH, CURRAN, AND WINSLOW, JJ. 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.

MEMORANDUM AND ORDER

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

Same memorandum as in Centerline/Fleet Hous. Partnership, L.P.—Series B v Hopkins Ct. Apts., LLC ( [appeal No. 1]—AD3d—[Oct 4, 2019] [4th Dept 2019] ).

Mark W. Bennett

Clerk of the Court