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TZOLIS v. WOLFF

39 A.D.3d 138 (2007)

829 N.Y.S.2d 488

SOTERIOS (STEVE) TZOLIS et al., Individually and in the Right and on Behalf of PENNINGTON PROPERTY CO. and Another, et al., Appellants-Respondents, v. HERBERT WOLFF et al., Respondents-Appellants, and PARKWAY LLC et al., Respondents, et al., Defendants.

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

February 8, 2007.

Attorney(s) appearing for the Case

Feldman Weinstein & Smith LLP, New York City (Eric S. Weinstein and Yong Hak Kim of counsel), for appellants-respondents.

Brown Raysman Millstein Felder & Steiner LLP, New York City (Kenneth M. Block and Daniel J. O'Connell of counsel), for Herbert Wolff, respondent-appellant.

Loeb & Loeb LLP, New York City (David M. Satnick and John A. Piskora of counsel), for Parkway LLC and Pennington Leasing Corp., respondents, and 316 Pennington LLC, respondent-appellant.

TOM, J.P. WILLIAMS, CATTERSON and MALONE, JJ., concur.

OPINION OF THE COURT

MARLOW, J.

The issue before us is whether, in the absence of express language in the Limited Liability Company Law (§ 101 et seq.), a member of a limited liability company has standing to sue derivatively on the company's behalf. We hold that the mere omission of this language from this particular statute, a factor other courts see as a sole or significant reason to reject standing, is not enough to deprive a limited partner...

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