Antonini v. Petito

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered November 8, 2011, which denied plaintiffs motion for summary judgment on his first cause of action for a declaration that he is entitled to terminate defendants’ membership interests, unanimously reversed, on the law, with costs, the motion granted, and it is so declared.

In this dispute among members of a limited liability company (LLC), plaintiff seeks to have defendants declared in breach of the operating agreement based on their failure to make mortgage payments for more than one year on the LLC’s sole asset and to invoke…