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ARTICLE · 07 FEBRUARY 2025

The Little Buy-Sell That Could

With apologies to the pseudonymous children's book author Watty Piper, this is the story of a humble buy-sell provision in a family-owned LLC's operating agreement...

United StatesAntitrust/Competition Law

With apologies to the pseudonymous children's book author Watty Piper, this is the story of a humble buy-sell provision in a family-owned LLC's operating agreement that temporarily ran out of steam in the lower court, only to climb the steep appellate tracks arguing "I think I can, Your Honor!" and, in the end, win enforcement by unanimous decision.

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Not exactly a heartwarming bedtime story for the young'uns but certainly one of interest to drafters of owner agreements and to business divorce lawyers.

The story involves a family-owned strip mall in the Bronx's Kingsbridge neighborhood. The cast begins with the realty's initial owners, brothers Dimitrios and Elias Katsikoumbas. Elias died in 2003. In 2006, the property's ownership was placed in a limited liability company named Epiros LLC of which Dimitrios at least nominally was the sole member.

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