Seeking Valhalla Trust formerly v Carol Deane and Starrett City

Motion No: M-8808

Slip Opinion No: 2020 NYSlipOp 61020(U)

Decided on January 21, 2020

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

January 21, 2020

Seeking Valhalla Trust, formerly

know as Carl Deane 2013 Revocable

Trust, and Absalom Absalom Trust,

formerly know as Anne Dean 2013

Revocable Trust, derivatively onbehalf of Saint Gervais LLC, Plaintiffs-Appellants,

v

Carol Deane and Starrett City

Preservation LLC,

Defendants-Respondents.

Appeals having been taken to this Court from the order of the Supreme Court, New York County, entered on or about April 4, 2019, and from the judgment of said Court, entered on or about April 26, 2019, and said appeals having been perfected, And defendants-respondents having moved, pursuant to CPLR 5511, to dismiss the aforesaid appeals upon that grounds that, as non-members of the LLC on whose behalf they are seeking to sue derivatively, plaintiffs are neither an aggrieved party nor do they having standing to maintain a derivative lawsuit, or subsequent appeal (M-8762), And plaintiffs-appellants having cross-moved, pursuant to CPLR 1012 and 1013, to permit Anne Deane to intervene in the appeals or, alternatively, to substitute Anne Deane in place of Absalom as plaintiff-appellant in the appeals (M-8808), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion and cross motion are denied, without prejudice to respondents raising their arguments in their briefs on the appeals. ENTERED: January 21, 2020

_____________________ CLERK

Present - Hon. Judith J. Gische,Justice Presiding, Angela M. Mazzarelli Troy K. Webber Ellen Gesmer,Justices

M-8808

M-8762

Index No. 653174/18