Opinion
CA 20-01393 CA 20-01394 Index No: 804480/2020
12-09-2020
JEANNIE-MARIE MCGUIRE, INDIVIDUALLY AND SUING IN THE RIGHT OF MCGUIRE DEVELOPMENT COMPANY, LLC, MCG REAL ESTATE HOLDINGS, LLC, MCGUIRE ACQUISITIONS LLC, MCGUIRE CAPITAL, LLC, AND SHAMROCK SEVEN ACP, LLC, KATHLEEN MCGUIRE, INDIVIDUALLY AND SUING IN THE RIGHT OF MCGUIRE DEVELOPMENT COMPANY, LLC, DELAWARE AVENUE INVESTORS, LLC, GENESEE STREET INVESTORS, LLC, MCG REAL ESTATE HOLDINGS, LLC, MCGUIRE ACQUISITIONS LLC, MCGUIRE CAPITAL, LLC, MCGUIRE P V HOLDING L.P.,SHAMROCK SEVEN ACP, LLC, MICHAEL MCGUIRE, MCGUIRE DEVELOPMENT COMPANY, LLC, INDIVIDUALLY AND SUING IN THE RIGHT OF MCGUIRE DEVELOPMENT COMPANY, LLC, DELAWARE AVENUE INVESTORS, LLC, GENESEE STREET INVESTORS, LLC, MCG REAL ESTATE HOLDINGS, LLC, MCGUIRE ACQUISITIONS LLC, MCGUIRE CAPITAL, LLC, MCGUIRE P V HOLDING L.P., SHAMROCK SEVEN ACP, LLC, PLAINTIFFS-APPELLANTS, v. F. JAMES MCGUIRE, INDIVIDUALLY AND AS GENERAL MANAGER OF MCGUIRE DEVELOPMENT COMPANY, LLC, DELAWARE AVENUE INVESTORS, LLC, GENESEE STREET INVESTORS, LLC, MCG REAL ESTATE HOLDINGS, LLC, MCGUIRE ACQUISITIONS LLC, MCGUIRE CAPITAL, LLC, MCGUIRE P V HOLDING L.P., SHAMROCK SEVEN ACP, LLC, AND MCGUIRE DEVELOPMENT COMPANY, LLC, DELAWARE AVENUE INVESTORS, LLC, GENESEE STREET INVESTORS, LLC, MCG REAL ESTATE HOLDINGS, LLC, MCGUIRE ACQUISITIONS LLC, MCGUIRE CAPITAL, LLC, MCGUIRE P V HOLDING L.P., SHAMROCK SEVEN ACP, LLC, DEFENDANTS-RESPONDENTS.
PRESENT:
Appellants having moved, upon the return of an order to show cause granted by the Honorable John M. Curran on November 12, 2020, for a preliminary injunction and for a stay of all proceedings to enforce orders of the Supreme Court, Erie County, entered September 24, 2020, and October 21, 2020, pending the hearing and determination of the appeals taken herein,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks a preliminary injunction is granted to the extent that, during the pendency of the appeals, (1) no vote of the members of McGuire Development Company, LLC effecting a sale of all or substantially all of McGuire Development Company, LLC's assets, nor additional capital contribution requests of members, shall occur without further order of the Court, and (2) respondents shall refrain from any transactions and conduct outside the ordinary course of business until further order of the Court, all on the condition that appellants post an undertaking in the total amount of $3,000, in accordance with CPLR article 25, on or before January 8, 2021.
Entered: December 9, 2020
Mark W. Bennett
Clerk of the Court