Legal Opinion

Tzolis ex rel. Pennington Property Co. v. Wolff

Appellate Division of the Supreme Court of the State of New York

Decided February 8, 2007PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

Marlow, J.

The issue before us is whether, in the absence of express language in the Limited Liability Company Law (§ 101 et seq.), a member of a limited liability company has standing to sue derivatively on the company’s behalf. We hold that the mere omission of this language from this particular statute, a factor other courts see as a sole or significant reason to reject standing, is not enough to deprive a limited partner of the right to *140assert a claim on behalf of the company. We believe there are persuasive factors compelling us to give such a plaintiff standing.

In…

2Cases cited16 opinions

  1. Goldman v. Metropolitan Life InsuranceNew York Court of Appeals · 2005
  2. Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
  3. Global Minerals & Metals Corp. v. HolmeAppellate Division of the Supreme Court of the State of New York · 2006
  4. Caprer v. NussbaumAppellate Division of the Supreme Court of the State of New York · 2006
  5. Birnbaum v. BirnbaumNew York Court of Appeals · 1989

11 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Tzolis v. WolffNew York Court of Appeals · 2008
  2. Pokoik v. PokoikAppellate Division of the Supreme Court of the State of New York · 2014
  3. Bartfield v. MurphyDistrict Court, S.D. New York · 2008
  4. Fox Paine & Co., LLC v. Houston Casualty Co.Appellate Division of the Supreme Court of the State of New York · 2017
  5. Yuko Ito v. SuzukiAppellate Division of the Supreme Court of the State of New York · 2008

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API