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OVERHOFF v. SCARP, INC.

12 Misc.3d 350 (2005)

812 N.Y.S.2d 809

DEAN OVERHOFF, Plaintiff, v. SCARP, INC., et al., Defendants.

Supreme Court, Erie County.

December 27, 2005.

Attorney(s) appearing for the Case

Raichle Banning Weiss, PLLC, Buffalo (Arnold Weiss of counsel), for plaintiff.

Blair & Roach, LLP, Tonawanda (Larry Kerman of counsel), for Scarp, Inc. and others, defendants.

Paul E. Fallon, Buffalo, for John Baron, defendant.

OPINION OF THE COURT

EUGENE M. FAHEY, J.

This is a matter of first impression. The case involves the interpretation of a section of the Limited Liability Company Law, section 407 (a), which has not yet been construed by any appellate court in this state. Although the operating agreement for the limited liability company in question requires that a quorum of all members be present at any meeting in...

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