This decision involved an action for damages arising from, inter alia, an alleged breach of an LLC operating agreement. The plaintiffs had moved for partial summary judgment as to liability on three causes of action.

The plaintiff and the defendant had entered into an operating agreement relating to a real estate development project (project). The defendant held a 70% interest and the plaintiff held a 30% interest. The defendant initially contributed $1 million as its capital contribution and the plaintiff initially contributed $2.3 million as its capital contribution.