Legal Opinion

546-552 West 146th Street LLC v. Arfa

Appellate Division of the Supreme Court of the State of New York

Decided August 7, 2012Published

1Opinion of the Court

OPINION OF THE COURT

Andrias, J.

In this appeal, we first consider whether defendants-appellants are entitled to attorneys’ fees incurred in obtaining indemnification under the applicable limited liability company operating agreements. We conclude that Supreme Court properly denied fees on fees.

Defendants Rachel L. Arfa, Alexander Shpigel and Cadi Zamir were the sole members when plaintiff limited liability companies were formed. Outside investors later purchased interests in the LLCs and their investments were used to purchase real property. In 2006, the LLCs commenced this action alleging…

2Cases cited12 opinions

  1. Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
  2. Bridgestone/firestone, Inc. v. Recovery Credit Services, Inc., Revenue Recovery, Inc. And George BeladinoCourt of Appeals for the Second Circuit · 1996
  3. Fundamental Portfolio Advisors, Inc. v. Tocqueville Asset Management, L.P.New York Court of Appeals · 2006
  4. Stifel Financial Corp. v. CochranSupreme Court of Delaware · 2002
  5. Baker v. Health Management Systems, Inc.New York Court of Appeals · 2002

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