IN RE: DOUGLAS W. BLACK (2024)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: DOUGLAS W. BLACK, PETITIONER-APPELLANT, v. BLACK AND CALABRESE INTERIOR RESOURCE COMPANY, LLC, AND DOUGLAS CALABRESE, RESPONDENTS-RESPONDENTS. (APPEAL NO. 4.)

228 Decided: July 03, 2024

PRESENT: SMITH, J.P., CURRAN, MONTOUR, DELCONTE, AND KEANE, JJ.

REFERMAT & DANIEL PLLC, ROCHESTER (JOHN T. REFERMAT OF COUNSEL), FOR PETITIONER-APPELLANT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: On appeal from a judgment that, inter alia, awarded petitioner $137,917.44 following the judicial dissolution of respondent Black and Calabrese Interior Resource Company, LLC (Company) pursuant to section 702 of the Limited Liability Company Law, petitioner contends that Supreme Court erred in failing to order that respondent Douglas Calabrese be held jointly and severally liable for the judgment. We reject that contention. Here, inasmuch as the judgment was granted based on the parties’ agreement to dissolve the Company, the court properly imposed the judgment against the Company alone (see generally Matter of Morris v New York State Dept. of Taxation & Fin., 82 NY2d 135, 140-142 [1993]).

We have considered petitioner's remaining contentions and conclude that they are without merit.

Entered: July 3, 2024

Ann Dillon Flynn

Clerk of the Court

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