GIBBER v. COLTON

159326/12, 1500N, 1499, 1498.

140 A.D.3d 660 (2016)

33 N.Y.S.3d 719

2016 NY Slip Op 05227

DEBORAH GIBBER, Respondent, v. NAOMI COLTON et al., Appellants.

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

Decided June 30, 2016.


Section 7.7 of the company's operating agreement provides that in a case of fraud, misfeasance or breach of the managing member's standard of care, "the Managing Member may be removed by a vote of all of the Members." Since plaintiff, who holds a 50% member interest in the company, was not included in the March 2012 vote to remove her as co-managing member, her removal did not comply with this section (see Overhoff v Scarp, Inc., 12 Misc.3d 350<...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases