In re Hausman
New York Supreme Court, Appellate Division
858 N.Y.S.2d 330 (2008)
- Written by Abby Roughton, JD
Facts
In October 2000, Lena Hausman executed a will that divided her residuary estate between her son, George, her daughter, Susan, and seven grandchildren. At the time she executed the will, Lena owned real property located at 1373 56th Street in Brooklyn, New York. In October 2001, George executed articles of organization to form 1373 Realty Co. LLC (the LLC) for the purpose of owning, operating, and managing the real property. George and Susan also signed an operating agreement providing that they were the LLC’s sole members. On November 2, 2001, Lena executed a deed transferring the real property to the LLC. However, the LLC’s articles of organization had not yet been filed with the New York Department of State at the time Lena transferred the property, and no attempt was made to file the articles of organization until November 16, 2001. After Lena died, George, Susan, and the grandchildren disputed whether the deed conveying the property to the LLC was valid given that the deed predated the LLC’s legal formation. George asked the New York Surrogate Court to determine whether the deed and property transfer were valid. The court determined that the LLC was a de facto entity when conveyance was made and thus concluded that the deed was valid. The grandchildren appealed.
Rule of Law
Issue
Holding and Reasoning (Mastro, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
