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ARC NYWWPJV001, LLC v. WWP JV LLC

Failure to Follow Court Procedure Dismisses Defendant's Third-party Claim

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ADDITIONAL CASES WWP JV LLC, A Delaware Limited Liability Company, Third-Party/Counterclaim Plaintiff v. New York Reit Liquidating LLC, Third-Party/Counterclaim Defendant; Third-Party The following e-filed documents, listed by NYSCEF document number (Motion 003) 29, 30, 31, 32, 33, 34, 40, 43, 44, 45, 46, 47, 49, 50, 51, 66, 68 were read on this motion to DISMISS COUNTERCLAIMS AND THIRD-PARTY CLAIMS. The following e-filed documents, listed by NYSCEF document number (Motion 004) 35, 36, 37, 38, 39, 41, 42, 48, 66, 68 were read on this motion to DISMISS/STRIKE AFFIRMATIVE DEFENSES. DECISION + ORDER ON MOTION This case arises out of a joint venture between Plaintiff ARC NYWWPJV001, LLC (“ARC”) and Defendant WWPJV, LLC (“WWPJV”) to invest in property located at 825 Eighth Avenue, New York, New York, commonly known as the Worldwide Plaza. WWPJV asserted counterclaims against ARC and New York REIT Liquidating LLC (“NYRT”). WWPJ also purportedly brought third-party claims against NYRT. In these motions, ARC and NYRT move to dismiss WWPJV’s Counterclaims and purported Third-Party Claims (NYSCEF 30) (Motion Sequence 03) and ARC moves to dismiss and/or strike WWPJV’s affirmative defenses (NYSCEF 36) (Motion Sequence 04). For the following reasons, ARC and NYRT’s motion to dismiss the Counterclaims is granted and ARC’s motion to dismiss and/or strike the affirmative defenses is granted in part. BACKGROUND In 2017, ARC and WWPJV entered into a joint venture to invest in the Worldwide Plaza project (NYSCEF 23 4; see also NYSCEF 3). As part of that venture, the parties acknowledged that the property needed renovation and redevelopment and agreed to make capital contributions for that purpose (NYSCEF 23

2-5; NYSCEF 2 10). The present dispute revolves around ARC and NYRT’s obligations under the LLC Agreement to fund a portion of the Initial Budget Capital Requirements and whether the Initial Budget expired in 2018, as those terms are defined in the LLC Agreement (see NYSCEF 23

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