Opinion
2012-02-28
MAN CHOI CHIU, et al., respondents, v. Winston CHIU, appellant.(and another title).
Schlam Stone & Dolan, LLP, New York, N.Y. (Michael C. Marcus of counsel; Jeffrey M. Eilender, Jonathan Mazer, and Samuel L. Butt on the brief), for appellant. Warshaw Burstein Cohen Schlesinger & Kuh, LLP, New York, N.Y. (Bruce H. Wiener of counsel), for respondents.
Schlam Stone & Dolan, LLP, New York, N.Y. (Michael C. Marcus of counsel; Jeffrey M. Eilender, Jonathan Mazer, and Samuel L. Butt on the brief), for appellant. Warshaw Burstein Cohen Schlesinger & Kuh, LLP, New York, N.Y. (Bruce H. Wiener of counsel), for respondents.
In an action, inter alia, for a judgment declaring the parties' interests in a certain limited liability company, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Strauss, J.), entered February 2, 2011, as denied that branch of his motion which was for summary judgment declaring that his interest in the limited liability company is at least 25%.
ORDERED that the order is affirmed insofar as appealed from, with costs.
In this action involving a dispute as to the ownership of a certain limited liability company (hereinafter the LLC), the first cause of action requested a declaration as *900 to the precise extent of the defendant's ownership interest in the LLC. In support of that branch of his motion which is at issue on this appeal, the defendant did not request a declaration as to the precise amount of his interest in the LLC. Instead, the defendant sought summary judgment declaring that he held at least a 25% interest in the LLC. Since the relief requested would not conclusively dispose of the merits of the first cause of action, or any part of that cause of action, that branch of the defendant's motion which is at issue on this appeal was properly denied ( see CPLR 3212[e]; B.Y., M.D., P.C. v. Government Empls. Ins. Co., 26 Misc.3d 95, 96, 896 N.Y.S.2d 799; see also 6B Carmody–Wait 2d § 39:173).
In light of our determination, we need not consider the parties' remaining contentions.