May 7, 2019

An estate's membership interest in an LLC.

Where plaintiff is a successor in interest to the decedent's membership interest in an LLC, plaintiff is not a member. As successor-in-interest, the estate retains only a right to distributions. Defendants' grant of access to books and records and issuance of a K-1 do not constitute an admission that plaintiff is a member.

Pappas v. 38-40 LLC, NY Slip Op 03447 (1st Dep't May 2, 2019)

Here is the decision.