Case Law Summaries

New York – Rights of Purchaser of LLC Member’s Interest

New YorkKaminski v. Sirera, NY Slip Op 01067, decided February 13, 2019. The New York Supreme Court, Appellate Division ruled that a purchaser of an LLC interest from a previous member could not bring a derivative suit on the LLC’s behalf against the LLC’s attorneys. Only a member has the right to bring a derivative suit and because the purchaser failed to obtain the consent of the other members to become a member, he lacked standing.

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