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RUBIN v. BAUMANN

10300. 653707/15.

177 A.D.3d 421 (2019)

112 N.Y.S.3d 48

2019 NY Slip Op 08011

Harvey Rubin, Respondent, v. James Baumann et al., Appellants.

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

Decided November 7, 2019.

Defendants submit that because the Operating Agreement does not discuss or provide any process for appointing or replacing the existing managing agent of the building, the default provisions of the Limited Liability Company Law control. In this vein, defendants claim that Limited Liability Company Law § 408(b) requires an affirmative vote of the majority of managers to implement any decision that would change the "status quo...

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