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EOS PARTNERS SBIC, L.P. v. LEVINE

42 A.D.3d 309 (2007)

839 N.Y.S.2d 729

EOS PARTNERS SBIC, L.P., on Behalf of DDS PARTNERS, LLC, Respondent, v. JONATHAN B. LEVINE et al., Appellants, et al., Defendants.

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

Decided July 5, 2007.

The derivative complaint asserts causes of action allegedly belonging to DDS, a Delaware limited liability company, against defendant Jonathan B. Levine, DDS's chairman of the board, and certain entities he controls. Plaintiff, a member of DDS, has not demanded that the DDS board of directors cause DDS to pursue these claims. Accordingly, under applicable Delaware law (see David Shaev Profit Sharing Account v Cayne, 24 A.D.3d 154

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