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PAPPAS v. 38-40 LLC

9204, 650251/17.

172 A.D.3d 409 (2019)

101 N.Y.S.3d 16

2019 NY Slip Op 03447

Debbie Pappas, as Personal Representative of the Estate of Louis Pappas, Deceased, Individually and Derivatively on Behalf of the 38-40 LLC, Appellant, v. The 38-40 LLC et al., Respondents, et al., Defendants.

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

Decided May 2, 2019.

Under the terms of the LLC's operating agreement, plaintiff is a successor in interest to her decedent's membership interest in the LLC. As such, she is not a member of the LLC (see MFB Realty LLC v Eichner, 2016 NY Slip Op 31242[U] [Sup Ct, NY County 2016], affd 161 A.D.3d 661 [1st Dept 2018]). Defendants' grant of access to books and records and issuance of a K-1 did not constitute admissions by defendants that plaintiff...

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