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THE NAJJAR GROUP, LLC, ETC., plf-ap, v. WEST 56TH HOTEL LLC, DOING BUSINESS AS CHAMBERS HOTEL def-res

10925. THE NAJJAR GROUP, LLC, ETC., plf-ap, v. WEST 56TH HOTEL LLC, DOING BUSINESS AS CHAMBERS HOTEL def-res — Buckley Law Group, P.A., New York (Michael B. Buckley of counsel), for ap — Levy Sonet & Siegel, LLP, New York (Steven G. Sonet of counsel), for res — Order, Supreme Court, New York County (Paul Wooten, J.), entered on or about June 25, 2012, which granted defendants' motion to dismiss the complaint, unanimously affirmed, with costs.

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10925. THE NAJJAR GROUP, LLC, ETC., plf-ap, v. WEST 56TH HOTEL LLC, DOING BUSINESS AS CHAMBERS HOTEL def-res — Buckley Law Group, P.A., New York (Michael B. Buckley of counsel), for ap — Levy Sonet & Siegel, LLP, New York (Steven G. Sonet of counsel), for res — Order, Supreme Court, New York County (Paul Wooten, J.), entered on or about June 25, 2012, which granted defendants’ motion to dismiss the complaint, unanimously affirmed, with costs.

Plaintiff seeks to vindicate its personal rights under Article VII of the Operating Agreement of BDC 56, LLC, which specified that if any surplus revenue remained, those funds would be available for distribution pro rata to the members, including plaintiff, in accordance with their equity interests in the limited liability company. Plaintiff is therefore unable to bring a derivative action because the interests at issue are personal to it, not corporate (belonging to BDC 56) (see Yudell v. Gilbert, 99 AD3d 108, 114 [1st Dept 2012]).

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