Opinion
11461 Index 652371/16
05-07-2020
IN RE Louis GOLDER, etc., Petitioner-Respondent, 29 West 27th Street Associates, LLC, Respondent-Appellant, v. Tauber Family Irrevocable Trust dated December 10, 2012, et al., Respondents.
Sperber Denenberg & Kahan, P.C., New York (Jacqueline Handel–Harbour of counsel), for appellant. Stephen I. Feder, P.C., Forest Hills (Stephen I. Feder of counsel), for respondents.
Sperber Denenberg & Kahan, P.C., New York (Jacqueline Handel–Harbour of counsel), for appellant.
Stephen I. Feder, P.C., Forest Hills (Stephen I. Feder of counsel), for respondents.
Manzanet–Daniels, J.P., Mazzarelli, Gesmer, Moulton, JJ.
Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered June 13, 2018, which confirmed the special referee's report and granted the petition for dissolution of respondent 29 West 27th Street Associates, LLC (the LLC), unanimously affirmed, with costs.
The motion court correctly confirmed the special referee's report and adopted his determination that the partnership agreement's termination date applied to the later formed LLC (see Flanagan & Cooke v. RC 27th Ave. Realty Corp. , 305 A.D.2d 135, 757 N.Y.S.2d 841 [1st Dept. 2003] ). Contrary to the LLC's contention, the partnership agreement did not automatically terminate upon the formation of the LLC (see Matter of Hochberg v. Manhattan Pediatric Dental Group, P.C. , 41 A.D.3d 202, 836 N.Y.S.2d 615 [1st Dept. 2007] ). The record before the referee showed that only the Taubers, representing a 40% interest in the LLC, had signed the operating agreement, and the referee acted within the scope of the reference in rejecting evidence that he deemed irrelevant (see generally Charap v. Willett , 84 A.D.3d 1000, 1001, 924 N.Y.S.2d 433 [2d Dept. 2011] ).
We have considered the LLC's remaining contentions and find them unavailing.