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GOTTLIEB v. NORTHRIVER TRADING COMPANY LLC

58 A.D.3d 550 (2009)

872 N.Y.S.2d 46

HELENE GOTTLIEB, Appellant, v. NORTHRIVER TRADING COMPANY LLC et al., Counterclaimant Respondent, v. PHILIP GOTTLIEB, Also Known as FEIVEL GOTTLIEB, Additional Counterclaim Defendant-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

January 27, 2009.

Contrary to the court's ruling, members of a limited liability company may seek an equitable accounting under common law. The assertion that such members are limited to statutory remedies with regard to potential fraud is inconsistent with the reasoning in Tzolis v Wolff (10 N.Y.3d 100 [2008]). Furthermore, while plaintiff's sole claim was for an accounting, the ad damnum of her complaint did seek monetary damages based on misallocation...

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