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Didco Urban Renewal Co. v. Mann Mgmt., Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1996
224 A.D.2d 195 (N.Y. App. Div. 1996)

Opinion

February 1, 1996

Appeal from the Supreme Court, New York County (Paula Omansky, J.).


We agree with the IAS Court that dismissal of the complaint would be premature prior to the completion of discovery and precluded by triable material issues of fact raised by the conflicting affidavits as to whether plaintiff had either waived or was estopped from termination of the parties' management agreement on the grounds that defendant's comptroller had accepted an improper "kickback" payment in violation of Article XII (a) (iii) of the agreement ( Unionport Shoes v. Parkchester S. Condominium, 205 A.D.2d 385, 387; Boston Concessions Group v Criterion Ctr. Corp., 200 A.D.2d 543, 545; BWA Corp. v. Alltrans Express, 112 A.D.2d 850, 853).

The IAS Court also properly refused to dismiss the action on the ground that plaintiff lacked standing to maintain the action since plaintiff's opposition papers, including the New Jersey Certificate of Limited Partnership, indicate that any reference in the agreement to plaintiff as "Didco Urban Renewal Co., Ltd.", rather than as "Didco Urban Renewal Company", was merely an inadvertent error.

We have considered defendant's remaining arguments and find them to be without merit.

Concur — Sullivan, J.P., Wallach, Rubin and Tom, JJ.


Summaries of

Didco Urban Renewal Co. v. Mann Mgmt., Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1996
224 A.D.2d 195 (N.Y. App. Div. 1996)
Case details for

Didco Urban Renewal Co. v. Mann Mgmt., Inc.

Case Details

Full title:DIDCO URBAN RENEWAL COMPANY, Respondent, v. MANN MANAGEMENT, INC.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 1, 1996

Citations

224 A.D.2d 195 (N.Y. App. Div. 1996)
637 N.Y.S.2d 131

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