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IHG Mgmt (Maryland) LLC v. W. 44th St. Hotel LLC

HMA Not Personal Services Contract Subject to Exemption From Specific Performance

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The following e-filed documents, listed by NYSCEF document number 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 88, 89, 90, 91, 92, 93, 94, 95, 111were read on this application to/for DismissDECISION AND ORDER

*1 Upon the foregoing documents, it is ORDERED Defendant’s Motion to Dismiss is GRANTED in part and DENIED in part as stated on the April 4, 2018 record and transcript (Michael Barfield, OCR) at 5:23-22:11; it is furtherORDERED while the Court relies on the rationale provided in the above referenced transcript it also explains as follows:The question presented to this Court was: Can Defendant, a hotel owner, terminate a long-term contract with Plaintiff, a hotel management company, under Maryland law and under the plain terms of the contract? To some extent, this appeared to be a case of first impression insomuch as the subject Maryland law — Title 23 of the Commercial Law Article of the Annotated Code of Maryland — has never been challenged in Court nor has any Court been asked

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