New York Court of Appeals
Soterios (Steve) Tzolis
February 14, 200810 N.Y.3d 100
Summary
The New York Court of Appeals affirmed the Appellate Division, holding that members of a limited liability company may bring derivative suits on the LLC's behalf despite the absence of any statutory provision authorizing such actions. The Court based its decision on longstanding common‑law derivative‑suit principles and rejected the view that legislative silence prohibited the remedy.