R&R Capital v. Merritt

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered August 12, 2008, which granted defendant’s motion for disbursement of proceeds of the sale of certain property located in Pennsylvania, unanimously reversed, on the law, with costs, and the motion denied.

The motion court did not have jurisdiction over plaintiff’s claim for a final accounting of the proceeds of the sale of the Pennsylvania property at issue, which was the sole asset of a limited liability corporation in which plaintiffs and defendant were equal members. Although plaintiffs initially commenced this action in…