Legal Opinion · Dissent
546-552 West 146th Street LLC v. Arfa
Appellate Division of the Supreme Court of the State of New York
Decided August 7, 2012Published
1DissentCatterson, J.
Because I believe the defendants are entitled to recoup the fees incurred in litigating their right to indemnification, I must respectfully dissent in part. The language of the indemnification clauses in the LLC operating agreements permits recovery up to the statutory limit, and the Limited Liability Company Law, unlike the Business Corporation Law, authorizes indemnification “from and against any and all claims and demands whatsoever” (Limited Liability Company Law § 420).
The plaintiffs in this case are limited liability companies that purchased various properties. Defendants Arfa, Shpigel…
2Cases cited13 opinions
- Maher v. GagneSupreme Court of the United States · 1980
- Stifel Financial Corp. v. CochranSupreme Court of Delaware · 2002
- Senior Tour Players v. GOLFTOWNCourt of Chancery of Delaware · 2004
- Baker v. Health Management Systems, Inc.New York Court of Appeals · 2002
- Ficus Investments, Inc. v. Private Capital Management, LLCAppellate Division of the Supreme Court of the State of New York · 2009
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