Legal Opinion

Cole v. Macklowe

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

Decided December 23, 2014No. 650100/11 13349PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Acosta, J.

At issue in this appeal is the interpretation of the plain language of a limited partnership agreement whereby plaintiff was obligated to sell his partnership interest upon the termination of his employment with defendant Manhattan Pacific if defendants made a proper offer to purchase it. We find that defendants failed to make a proper offer to purchase plaintiffs partnership interest upon his termination and therefore that plaintiffs obligation to sell was never triggered. Accordingly, when defendants sold the property owned by the partnership in 2008, plaintiff…

2Cases cited3 opinions

  1. 2386 Creston Avenue Realty, LLC v. M-P-M Management Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Cole v. MackloweAppellate Division of the Supreme Court of the State of New York · 2009
  3. Bank v. MurphyAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by2 opinions

  1. Wells Fargo Bank, N.A. v. Wrights Mill Holdings, LLCDistrict Court, S.D. New York · 2015
  2. UMB Bank, National Ass'n v. Airplanes Ltd.District Court, S.D. New York · 2017

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