New York LLC Publication Case Reversed on Appeal Posted:10/17/03
On October 16, 2003, the Supreme Court of the State of New York, Appellate Division, First Department, reversed the trial court's decision in Barklee Realty Company LLC v. Pataki that Section 206 of the New York Limited Liability Company Act violates the state constitution. Therefore, domestic limited liability companies ("LLCs") must continue to publish their articles of organization or a notice containing the substance thereof in accordance with the statute. Please note that there are similar statutes that address the publication requirements for foreign LLCs and for domestic and foreign limited partnerships and limited liability partnerships that were not directly at issue in this case.
To read a copy of the appellate court's opinion, click here.
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