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NAJJAR GROUP, LLC v. WEST 56TH HOTEL LLC

10925, 111004/11.

110 A.D.3d 638 (2013)

974 N.Y.S.2d 58

2013 NY Slip Op 7123

THE NAJJAR GROUP, LLC, a Florida Limited Liability Company, Derivatively on Behalf of BDC 56, LLC, a New York Limited Liability Company, Appellant, v. WEST 56TH HOTEL LLC, Doing Business as CHAMBERS HOTEL, et al., Respondents.

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

Decided October 31, 2013.

Order, Supreme Court, New York County (Paul Wooten, J.), entered on or about June 25, 2012, which granted defendants' motion to dismiss the complaint, unanimously affirmed, with costs.

Plaintiff seeks to vindicate its personal rights under article VII of the operating agreement of BDC 56, LLC, which specified that if any surplus revenue remained, those funds would be available for distribution pro rata to the members, including plaintiff, in accordance with their...

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