A defendant real estate management company (manager) and its officers, moved to dismiss a complaint pursuant to CPLR 3211(a)(1) and (7). The plaintiffs LLC’s (LLC) had alleged causes of action for breach of contract, breach of fiduciary duty, disgorgement, restitution, unjust enrichment, negligence, negligent misrepresentation and punitive damages.

The LLC’s owned residential real estate properties (properties). The manager “promotes itself ‘to improve operation efficiencies, tenant relationships and financial profitability.’” The manager had been the exclusive managing agent for the properties since the late 1980’s. The parties had executed successive management agreements (agreements).

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