PETER'S NECESSITIES FOR PETS, L.P. Plaintiffs-Appellants-res, v. PET'S NECESSITIES, LTD., Defendantres-ap, CENTER FOR VETERINARY CARE, P.C., ET AL, def-res

10152. PETER'S NECESSITIES FOR PETS, L.P. Plaintiffs-Appellants-res, v. PET'S NECESSITIES, LTD., Defendantres-ap, CENTER FOR VETERINARY CARE, P.C., ET AL, def-res — Kilhenny & Felix, New York (James M. Felix of counsel), for Peter's Necessities for Pets, L.P., appellant-res — Rosenberg Feldman Smith, LLP, New York (Richard B. Feldman of counsel), for Peter's Emporium for Pets 1 LLC, appellantres Caplan & Ross, LLP, New York (Richard L. Caplan of counsel), for respondent-appellant and res — Order and judgment, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered September 6, 2012, which, to the extent the appealed from, granted defendants' motion for summary judgment declaring that plaintiffs have no leasehold interest in the subject premises after August 30, 2013, and, upon a search of the record, granted plaintiff Peter's Emporium for Pets 1 LLC (Emporium) summary judgment on the issue of liability on the claim for breach of fiduciary duty as against defendant Pets Necessities, Ltd. (PNL), unanimously modified, on the law, to deny defendants' motion, the declaration vacated, and otherwise affirmed, without costs.

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10152. PETER’S NECESSITIES FOR PETS, L.P. Plaintiffs-Appellants-res, v. PET’S NECESSITIES, LTD., Defendantres-ap, CENTER FOR VETERINARY CARE, P.C., ET AL, def-res — Kilhenny & Felix, New York (James M. Felix of counsel), for Peter’s Necessities for Pets, L.P., appellant-res — Rosenberg Feldman Smith, LLP, New York (Richard B. Feldman of counsel), for Peter’s Emporium for Pets 1 LLC, appellantres Caplan & Ross, LLP, New York (Richard L. Caplan of counsel), for respondent-appellant and res — Order and judgment, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered September 6, 2012, which, to the extent the appealed from, granted defendants’ motion for summary judgment declaring that plaintiffs have no leasehold interest in the subject premises after August 30, 2013, and, upon a search of the record, granted plaintiff Peter’s Emporium for Pets 1 LLC (Emporium) summary judgment on the issue of liability on the claim for breach of fiduciary duty as against defendant Pets Necessities, Ltd. (PNL), unanimously modified, on the law, to deny defendants’ motion, the declaration vacated, and otherwise affirmed, without costs.

On April 1, 2001, PNL and Emporium entered into a written partnership agreement forming plaintiff Peter’s Necessities for Pets, L.P. (Partnership), which would operate until the end of 2040. As part of the partnership agreement, PNL contributed its rights and interests in the retail space it was subletting from defendant Center for Veterinary Care, P.C. (CVC); defendants Schwartz and Solomon owned CVC, as well as PNL.

PETER'S NECESSITIES FOR PETS, L.P. Plaintiffs-Appellants-res, v. PET'S NECESSITIES, LTD., Defendantres-ap, CENTER FOR VETERINARY CARE, P.C., ET AL, def-res

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