Search for: "Eikenberry v Lamson"
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3 Jun 2024, 4:31 am
We encountered this problem in our article about Eikenberry v Lamson, in which Kings County Commercial Division Justice Leon Ruchelsman wrote that it is “well settled in New York that a partnership or a joint venture may not operate through a corporate form and that any fiduciary obligations that the partners owe one another cease to exist once they agree to conduct business as a corporation,” but that there is an “exception” to this rule… [read post]
The Oral Partnership Operating as a Corporation: Is it a Partnership? A Corporation? Can it be Both?
15 Mar 2021, 4:59 am
In the earlier Eikenberry decision, Justice Ruchelsman held that Eikenberry’s complaint and accompanying affidavit establish a “likelihood of success” on her claims that Eikenberry and her former longtime romantic partner, Lamson, formed an alleged oral partnership called “EL Partnership” to acquire, develop, and sell real estate through several real estate LLCs and corporations, several of which Eikenberry admitted were held… [read post]
4 Jan 2021, 4:30 am
The Eikenberry Case A recent decision by Kings County Commercial Division Justice Leon Ruchelsman, Eikenberry v Lamson, 2020 NY Slip Op 33992(U) [Kings County Nov. 30, 2020], is a fine springboard for exploring the application of these legal standards to business divorce litigation where (as is often the case) the injunction movant’s ownership status in the business is hotly contested. [read post]
