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Ambase Corp. v. 111 W. 57th Sponsor LLC

Breach of Joint Venture Agreement Dismissed Except for Claim of Frustration of Rights

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*1 Defendants move, pursuant to CPLR 3211(a) (1), (a) (7), and 3016 (b), to dismiss, with prejudice, and in their entirety, plaintiffs’ third through fourteenth causes of action, and to dismiss, in part, plaintiffs’ first, second, and fifteenth causes of action. The parties cannot agree on the exact scope of defendants’ dismissal motion (see letters dated April 17, 18, and 19, 2017,*2

NYSCEF Doc. Nos. 238, 239, 243, 244, and 246). The Court will treat the motion as one to dismiss the causes of action denominated in the notice of motion and/or discussed in the supporting papers.I. BACKGROUNDA. The PartiesThe following facts are drawn from the Second Amended Complaint (the Complaint) and assumed as true for purposes of this motion to dismiss. This action involves a joint real estate venture to acquire and develop a luxury condominium project located at 105-111 West 57th Street, New York, New York (the project) (Complaint,1). Plaintiff AmBase Corporation (Ambase) is the primary investor in the project (id.). Plaintiffs 111 West 57th Manager Funding LLC (Manager Funding) and 111 West 57th Investment LLC (Investment) are AmBase subsidiaries (id.,

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