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SHAPIRO v. ETTENSON

2849, 653571/14.

146 A.D.3d 650 (2017)

2017 NY Slip Op 00442

45 N.Y.S.3d 439

ROBERT SHAPIRO, Appellant, v. GABRIEL ETTENSON et al., Respondents.

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

Decided January 24, 2017.

Plaintiff argues that ENS Health, LLC's operating agreement is invalid because its adoption was not unanimous. However, Limited Liability Company Law § 402 (c) provides that the operating agreement may be adopted by "the vote of a majority in interest of the members entitled to vote thereon." Plaintiff contends that the parties had an oral agreement regarding unanimity on this issue. However, Limited Liability Company Law...

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