Logourl black

Tzolis v. Wolff

Court of Appeals of New York
884 N.E.2d 1005 (2008)


Facts

Pennington Property Co., LLC (PPC) owned an apartment building in Manhattan. PPC’s managers (defendants) allegedly colluded with others to lease and later sell the building for less than fair market value. The plaintiffs collectively own a 25 percent share of PPC. They sued individually and on behalf of PPC seeking, among other things, to void the sale and terminate the lease. The trial court dismissed the complaint, ruling that the plaintiffs could not sue individually because the wrongs alleged were suffered by PPC; and that they could not sue on behalf of PPC because New York law does not permit LLC derivative actions. The appellate court reversed, finding that New York law does permit derivative actions by members on behalf of LLCs. The defendants appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Smith, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 73,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 10,442 briefs - keyed to 137 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now