Overhoff v. Scarp, Inc.

*351OPINION OF THE COURT

Eugene M. Fahey, J.

This is a matter of first impression. The case involves the interpretation of a section of the Limited Liability Company Law, section 407 (a), which has not yet been construed by any appellate court in this state. Although the operating agreement for the limited liability company in question requires that a quorum of all members be present at any meeting in person or by proxy for action to be taken at that meeting, the statute provides that

“[wjhenever under this chapter members of a limited liability company are required or permitted to take any action…