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JONES v. VOSKRESENSKAYA

652092/13, 14140A, 14140, 14139.

125 A.D.3d 532 (2015)

HARRY JONES, Appellant-Respondent, v. NATALYA VOSKRESENSKAYA, Respondent, and DISCOVER TECHNOLOGIES, LLC, Respondent-Appellant.

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

Decided February 24, 2015.

The motion court erred in dismissing plaintiff's cause of action for breach of fiduciary duty against defendant Voskresenskaya. Plaintiff alleges that he and Voskresenskaya are equal members of the computer technology firm, Arcovis, LLC, pursuant to an operating agreement. The members of an LLC may stand in a fiduciary relationship to each other and the LLC (see Pokoik v Pokoik, 115 A.D.3d 428, 429 [1st Dept 2014]). Although Voskresenskaya...

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