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MATTER OF HAUSMAN

No. 160

13 N.Y.3d 408 (2009)

921 N.E.2d 121

893 N.Y.S.2d 499

In the Matter of the Estate of LENA HAUSMAN, Deceased. GEORGE HAUSMAN, as Executor of LENA HAUSMAN, Deceased, Appellant; FREDDA SIMON et al., Respondents.

Court of Appeals of New York.

Decided December 1, 2009.

Attorney(s) appearing for the Case

Norman A. Olch, New York City, and Wolfson & Carroll (Michael G. Wolfson of counsel), for appellant.

Ezra Huber & Associates, P.C., Mineola (Ezra Huber of counsel), for respondents.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH and JONES concur with Judge PIGOTT dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

CIPARICK, J.

In this probate proceeding, we are asked to decide whether decedent's children formed a de facto limited liability company (LLC) capable of receiving title to real property that was the subject of a deed executed by decedent shortly before her death. Because no "colorable attempt" was made to file the articles of organization with the Department of State prior to the date...

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