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2 May 2016, 3:09 am by Peter Mahler
 Second, the LLC’s articles of organization contained no provision authorizing expulsion of a member, thus at the time of plaintiff’s supposed expulsion, under the governing default rules of the LLC Law “there was no voting mechanism in place or provision regarding the removal of a member. [read post]
31 Aug 2020, 4:56 am by Peter J. Sluka
& Order, Index No. 654056/2019 (Sup Ct NY County Aug. 8, 2020), considers a potentially significant limitation: can an LLC member exercise a bargained-for, contractual put right if doing so would render the company insolvent? [read post]
13 Jul 2020, 4:51 am by Peter Mahler
Realty Associates LLC v Blumberg, 2020 NY Slip Op 32200(U) [Sup Ct NY County July 7, 2020]  The aptly named S.O.S. [read post]
8 Aug 2022, 3:10 am by Franklin C. McRoberts
The Court framed the question as “whether the Plan [of conversion] was a statutory conversion within the meaning of the LLC Law, as opposed to the utilization of a mechanism of conversion not governed by statute. [read post]
13 Oct 2019, 11:14 pm by Peter Mahler
The double curse was at work in Roy Food and Wine LLC v Meregalli, 2019 NY Slip Op 32875(U) [Sup Ct NY County Sept. 25, 2019], decided last month by Manhattan Commercial Division Justice O. [read post]
16 Apr 2018, 3:46 am by Franklin C. McRoberts
That is just one lesson from a recent decision by Manhattan Commercial Division Justice Saliann Scarpulla in Pappas v 38-40 LLC, 2018 NY Slip Op 30329(U) [Sup Ct NY County Feb. 22, 2018]). [read post]
27 Aug 2018, 3:49 am by Peter Mahler
In Matter of D’Errico (Epic Gymnastics, LLC), Decision & Order, Index No. 610084/2016 [Sup Ct Nassau County Aug. 21, 2018], Justice Driscoll held that dissolution under section 702 was warranted where, after dissension arose, the majority members formed a new, similarly named entity to collect the subject LLC’s revenues and to dole them out to the subject LLC if, as, and when the majority members saw fit, thereby reducing the… [read post]