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1545 OCEAN AVE., LLC

2008-00254.

72 A.D.3d 121 (2010)

893 N.Y.S.2d 590

In the Matter of the Dissolution of 1545 OCEAN AVENUE, LLC. CROWN ROYAL VENTURES, LLC, Respondent; OCEAN SUFFOLK PROPERTIES, LLC, Appellant, and WALTER T. VAN HOUTEN et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 26, 2010.

Attorney(s) appearing for the Case

Rivkin Radler, LLP, Uniondale ( Joseph Buzzell and Cheryl Korman of counsel), for appellant.

Barry V. Pittman , Bayshore, for Crown Royal Ventures, LLC, respondent.

DILLON and MILLER, JJ., concur with AUSTIN, J.; FISHER, J.P., concurs in part and dissents in part in a separate opinion in which CHAMBERS, J., concurs.

OPINION OF THE COURT

AUSTIN, J.

On this appeal, we are asked to determine whether the Supreme Court properly granted the petition of Crown Royal Ventures, LLC (hereinafter Crown Royal), to dissolve 1545 Ocean Avenue, LLC (hereinafter 1545 LLC). For the following reasons, we answer in the negative and reverse the order of the Supreme Court.

I

1545 LLC was formed in November 2006 when its articles...

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