Farrel Fritz discusses the New York Appellate Division’s decision in Daniel Shatz v. Douglas Chertok, et al., No. 10972, opinion (N.Y. App. Feb. 27, 2020), finding that a manager-managed LLC Agreement providing the manager “sole and absolute discretion” in decision-making did not defeat a non-managing member’s breach of fiduciary duty claim alleging that a managing member exercised discretion in bad faith in When an LLC Manager’s “Sole and Absolute Discretion” is Neither Sole Nor Absolute.