IN THE MATTER OF HAUSMAN

No. 160

2009 NY Slip Op 08854

IN THE MATTER OF LENA HAUSMAN, Deceased. GEORGE HAUSMAN, & C., Appellant; FREDDA SIMON, ET AL., Respondents.

Court of Appeals of the State of New York.

Decided December 1, 2009.


Attorney(s) appearing for the Case

Norman A. Olch, for appellant.

Ezra Huber, for respondents.

Opinion by Judge Ciparick. Chief Judge Lippman and Judges Graffeo, Read, Smith and Jones concur. Judge Pigott dissents and votes to reverse in an opinion.


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 of the alleged transfer, we conclude that there was no de facto entity in existence...

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