Matter of Raharney Capital, LLC v. Capital Stack LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Richter, J.
In this appeal, we are asked to determine whether a New York court has the power to order the dissolution of a limited liability company that operates in this state, but was formed under the laws of another state. We conclude, consistent with decisions from the Court of Appeals, this Court, and our sister departments of the Appellate Division, that the courts of this state do not have subject matter jurisdiction to judicially dissolve a foreign business entity. Instead, the decision as to whether dissolution is appropriate lies with the courts of the state in…
2Cases cited18 opinions
- State v. DyerTexas Supreme Court · 1947
- Broida v. BancroftAppellate Division of the Supreme Court of the State of New York · 1984
- Sokoloff v. National City BankNew York Court of Appeals · 1924
- Hart v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1987
- Merrick v. . Van SantvoordNew York Court of Appeals · 1866
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3Cited by11 opinions
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- Long Oil Heat, Inc. v. SpencerDistrict Court, N.D. New York · 2019
- Boschetti v. Pac. Bay Invs. Inc., California Court of Appeal, 5th District2019
- Favourite Ltd. v. CicoAppellate Division of the Supreme Court of the State of New York · 2020
- Azure Dolphin, LLC v. BartonNorth Carolina Business Court · 2017
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