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RAHARNEY LLC v. CAPITAL STACK

160175/14, 15854

138 A.D.3d 83 (2016)

25 N.Y.S.3d 217

2016 NY Slip Op 01425

In the Matter of RAHARNEY CAPITAL, LLC, as a Member and Manager of DAILY FUNDER, LLC, Appellant, v. CAPITAL STACK, LLC, a New York Limited Liability Company, or CAPITAL STACK, LLC, a Nevada Limited Liability Company, Respondent.

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

Decided February 25, 2016.

Attorney(s) appearing for the Case

Giuliano McDonnell & Perrone, LLP, Mineola (Nicholas P. Giuliano and Christopher R. Murray of counsel), for appellant.

Carter Ledyard & Milburn LLP, New York City (Jeffrey S. Boxer and Andriy R. Pazuniak of counsel), for respondent.

TOM, J.P., ACOSTA, MOSKOWITZ and KAPNICK, JJ. concur.

OPINION OF THE COURT

In this appeal, we are asked to determine whether a New York court has the power to order the dissolution of a limited liability company that operates in this state, but was formed under the laws of another state. We conclude, consistent with decisions from the Court of Appeals, this Court, and our sister...

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