LNYC Loft, LLC v. Hudson Opportunity Fund I, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Manzanet-Daniels, J.
In Tzolis v Wolff (10 NY3d 100 [2008]), the Court of Appeals recognized the right of a member to sue derivatively on behalf of an LLC, leaving it to the courts to further define “[w]hat limitations on the right of LLC members to sue derivatively may exist” (id. at 109). This appeal concerns the propriety of the appointment of an outside attorney to serve as the sole member of a special litigation committee (SLC) to determine the merits of the claims asserted in this LLC derivative suit. We recognize that the appointment of an SLC may serve an important…
2Cases cited4 opinions
- Tzolis v. WolffNew York Court of Appeals · 2008
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