Opinion
12345 Index No. 654314/12 Case No. 2019-04143
11-12-2020
PANATTONI DEVELOPMENT COMPANY, INC., Plaintiff–Respondent, v. SCOUT FUND I–A, LP, et al., Defendants–Appellants.
Baker & Botts L.L.P, New York (Joseph C. Perry of counsel) and Baker Botts L.L.P., Dallas, TX (Kristin C. Cope and David M. Genender of the bar of the State of Texas, admitted pro hac vice, of counsel), for appellants. Baker & Mckenzie LLP, New York (Charles Bart Cummings of counsel) and Baker & Mckenzie LLP, Chicago, IL (Daniel J. O'Connor of the bar of the State of Illinois, admitted pro hac vice, of counsel), for respondent.
Baker & Botts L.L.P, New York (Joseph C. Perry of counsel) and Baker Botts L.L.P., Dallas, TX (Kristin C. Cope and David M. Genender of the bar of the State of Texas, admitted pro hac vice, of counsel), for appellants.
Baker & Mckenzie LLP, New York (Charles Bart Cummings of counsel) and Baker & Mckenzie LLP, Chicago, IL (Daniel J. O'Connor of the bar of the State of Illinois, admitted pro hac vice, of counsel), for respondent.
Gische, J.P., Gesmer, Kern, Kennedy, JJ.
Judgment, Supreme Court, New York County (O. Peter Sherwood, J.), entered September 19, 2019, after a nonjury trial, declaring that plaintiff has not breached the August 8, 2008 limited liability company operating agreement of PI Management LLC and dismissing defendants' counterclaims, unanimously affirmed, with costs.
Contrary to defendants' arguments, the trial court properly followed this Court's guidance regarding the controlling contracts (see Panattoni Dev. Co., Inc. v. Scout Fund 1–A, LP, 154 A.D.3d 555, 63 N.Y.S.3d 325 [1st Dept. 2017] ) in determining that Panattoni did not act as the investment manager for any of the joint ventures, rejecting testimony to the contrary as inconsistent with the weight of the evidence and lacking credibility. In light of the great deference accorded to the trial court's credibility determinations (see Wong v. Hsia Chao Yu, 160 A.D.3d 549, 550, 76 N.Y.S.3d 23 [1st Dept. 2018] ), there is no basis to disturb the judgment.)