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5 Jun 2023, 4:56 am by Franklin C. McRoberts
Troubled by this lack of “uniformity and predictability of outcome,” the First Department eight months ago overruled this aspect of Culligan, holding in Eccles v Shamrock Capital Advisors, LLC (209 AD3d 486 [1st Dept 2022]), “We reject plaintiff’s argument that the internal affairs doctrine applies only to [read post]
24 Apr 2023, 3:46 am
Springer, 198 USPQ 626, 635 (TTAB 1978) (holding that application may be amended to name three individuals as joint applicants in place of originally named corporate applicant which was never legally incorporated, because individuals and non-existent corporation were found to be same, single commercial enterprise); U.S. [read post]
20 Mar 2023, 4:29 am by Franklin C. McRoberts
The Company operated on six adjacent parcels of real estate in East Setauket, New York, five of which Joseph and his second wife, Laura, acquired over a period of decades through two real estate holding companies, NIMT Enterprises, LLC (“NIMT”) and L.J.T. [read post]
20 Feb 2023, 4:46 am by Peter Mahler
Not according to the Appellate Division, First Department’s decision last week in Srivatsa v Rosetta Holdings LLC. [read post]
16 Jan 2023, 4:27 am by Peter J. Sluka
Based on my review of the caselaw, courts that consider a non-party’s request to intervene in a dissolution proceeding under CPLR 1012 or 1013 (the general intervenor statutes) tend to allow intervention only by owners or potential owners of the business (compare Matter of Karl Springer Woodworking, Ltd., 148 Misc 2d 626, 628 [Sup Ct 1990] [allowing wife to intervene in dissolution proceeding of husband’s woodworking business where ownership was marital property]; and Bich v… [read post]
13 Jun 2022, 7:52 am by Lawrence B. Ebert
Abbyy Software House, 626 F.3d 1222, 1233–34 (Fed. [read post]
19 Apr 2022, 12:37 pm by Bernard Bell
Recently, the Second Circuit issued a significant Freedom of Information Act (“FOIA”) decision construing the FOIA exemption covering law enforcement records that “would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law,” 5 U.S.C. [read post]
3 Jan 2022, 12:58 am by Peter Mahler
” Was the prospect of recovering legal fees under BCL § 626(e) as demanded in the plaintiff’s complaint a factor in styling the claims as derivative? [read post]