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28 Dec 2020, 4:30 am
” Lazar v Attena LLC This case involved several member-managed, realty-holding LLCs that had fully disposed of their realty assets and distributed all of the net proceeds, yet found themselves the subject of a dissolution petition by one of the three members claiming that the other two had wiped off the books debt owed by them to the LLCs. [read post]
25 Aug 2008, 1:10 pm
CROWN CENTRAL LLC, ET AL., No. 08-0033 AMERICAN GENERAL FINANCE, INC. v. [read post]
12 Feb 2015, 10:33 am
Highwoods Realty Limited Partnership, 2013 NCBC 12, Associated Packaging, Inc. v. [read post]
30 Dec 2019, 2:19 am
In this case of first impression, the petitioner initially filed for judicial dissolution of 17 single-asset realty holding companies organized as Delaware LLCs. [read post]
25 Jun 2011, 10:06 am
They expected me to do all the work of selling the house, by staging it and keeping it in sellable condition. [read post]
21 Dec 2015, 3:36 am
Barone v Sowers, 128 AD3d 484 [1st Dept 2015], an LLC dissolution case in which the appellate court found inadequate at the pleading stage a non-controlling member’s allegations of “oppression” involving a functioning, financially viable realty-owning LLC, and also dismissed the petitioner’s derivative claims for failure to plead facts showing demand futility. [read post]
9 Sep 2020, 11:58 am
Algoo Realty, LLC, 2020 WL 5300925, No. 19-cv-00863 (MPS) (D. [read post]
16 May 2016, 3:28 am
., before the advent of LLCs in New York. [read post]
22 Mar 2021, 4:17 am
The following examples illustrate the hurdles to pleading a sustainable RICO claim in a business divorce setting: In Daskal v Tyrnauer, 2012 NY Slip Op 52036(U) [Sup Ct Kings County 2012], the plaintiff brought direct and derivative claims against his co-owner in a realty holding LLC and others arising from a realty development project that ultimately led to the construction lender’s foreclosure on the LLC’s realty asset. [read post]
7 Feb 2022, 4:29 am
In such cases involving pass-through tax entities, the company’s Form K-1s issued to the partners typically take center stage, with one side claiming the other is estopped from taking a position in court that contradicts the ownership shown by the K-1s. [read post]
10 Apr 2007, 1:21 am
Realty LLC NASSAU COUNTYCivil PracticeVerified Complaint Fails to Satisfy CPLR §3215(f); Insurer Denied Entry of Default Judgment Tri-State Consumer Ins. [read post]
4 Jun 2015, 11:30 am
Fascitelli is the Founder of MDF Capital LLC, previously serving as President and Chief Executive Officer of Vornado Realty Trust as well as President of Alexander’s Inc. [read post]
4 Jun 2015, 11:30 am
Fascitelli is the Founder of MDF Capital LLC, previously serving as President and Chief Executive Officer of Vornado Realty Trust as well as President of Alexander’s Inc. [read post]
19 Sep 2018, 5:38 pm
Cooper Indus., LLC, 635 F.3d 1345 (Fed. [read post]
17 May 2018, 4:14 am
Corp., JV, LLC v Dormitory Auth. of State of N.Y. [read post]
24 Feb 2011, 1:55 pm
. ** Righthaven LLC is an intellectual property enforcement firm that was formed by a group of copyright attorneys and Stephens Media, the publisher of the Law Vegas Review-Journal. [read post]
26 Sep 2018, 8:03 am
K&W Realty Inv. [read post]
27 Dec 2021, 12:37 am
Pachter v Winiarsky The limited grounds available for judicial dissolution of LLCs under New York law likely inspired the 50% member in Pachter to borrow from corporate law and include in his complaint a novel claim for common-law a/k/a equitable dissolution of the subject realty-holding LLCs. [read post]
23 Mar 2015, 3:32 am
LLC Law § 417 (a)(1); § 420; TIC Holdings LLC v HR Software Acquisitions Group Inc., 301 AD2d 414, 415 (1st Dep’t 2003). . . . [read post]
21 Mar 2011, 4:00 am
I also suggested that under New York law the outcome likely would be different.Justice Warshawsky's decision earlier this month in Matter of Cusimano (Berita Realty LLC), Short Form Order, Index No. 013147/10 (Sup Ct Nassau County Mar. 2, 2011), reinforces my suggestion. [read post]