Legal Opinion
In Re the Estate of Hausman
New York Court of Appeals
Decided December 1, 2009No. 160PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
ClPARICK, J.
In this probate proceeding, we are asked to decide whether decedent’s children formed a de facto limited liability company (LLC) capable of receiving title to real property that was the subject of a deed executed by decedent shortly before her death. Because no “colorable attempt” was made to file the articles of organization with the Department of State prior to the date of the alleged transfer, we conclude that there was no de facto entity in existence capable of receiving title to the property and the conveyance is thus void.
The facts are mainly undisputed.…
2Cases cited6 opinions
- Methodist Episcopal Union Church v. . PickettNew York Court of Appeals · 1859
- Kiamesha Development Corp. v. Guild Properties, Inc.New York Court of Appeals · 1958
- Stevens v. Episcopal Church History Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Von Lengerke v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- In re PlanzAppellate Division of the Supreme Court of the State of New York · 1953
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- ABM Resources Corp. v. Doraben, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Torto Note Member, LLC v. BabadAppellate Division of the Supreme Court of the State of New York · 2021
- 5000, Inc. v. Hudson One, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Temple-Ashram v. SatyanandjiAppellate Division of the Supreme Court of the State of New York · 2011
- Endeavor Funding Corp. v. AllenAppellate Division of the Supreme Court of the State of New York · 2013
12 more not listed; retrieve them via the Exa API.