Legal Opinion · Dissent

Crane, A.G. v. 206 West 41st Street Hotel Associates, L.P.

Appellate Division of the Supreme Court of the State of New York

Decided June 23, 2011Published

1Dissent

Acosta, J. (dissenting).

Because I believe that under the facts of this case, the president of the hotel corporation had the *181authority to engage counsel to defend the foreclosure action, I respectfully dissent.

In 2001, John Lucas (Lucas) and Benjamin Soleimani (Soleimani) partnered to acquire the long-term lease to real property located at 206 West 41st Street, New York, New York, for the purpose of developing, owning and operating a hotel known as “Hotel 41.” Towards this end, they formed defendant 206 West 41st Street Hotel Associates, L.E (the LP), which has two limited partners, Carroll…

2Cases cited5 opinions

  1. Sterling Industries, Inc. v. Ball Bearing Pen Corp.New York Court of Appeals · 1949
  2. Brunetti v. MusallamAppellate Division of the Supreme Court of the State of New York · 2004
  3. Sager Spuck Statewide Supply Co. v. MeyerAppellate Division of the Supreme Court of the State of New York · 2000
  4. 328 E. 56 St. Rest. Inc. v. Polldon Rest., Inc.Appellate Division of the Supreme Court of the State of New York · 1972
  5. TJI Realty, Inc. v. HarrisAppellate Division of the Supreme Court of the State of New York · 1998

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