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3 Jun 2024, 4:31 am by Franklin C. McRoberts
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]
31 May 2024, 8:07 am by Marie Nganele
The post Community Update – May 2024 first appeared on Becker. [read post]
19 May 2024, 11:00 pm
CHECKS REFLECTED THAT THE DISPUTED INVOICE HAD BEEN FULLY PAIDIn a commercial claims case brought in the Kings County Civil Court, CEH&AC alleged that it was owed money for heating system services provided to MRE&P.While the plaintiff alleged that some $2,203.94 was due, after a hearing (and a review of the defendant’s payment receipts), the judge ended up dismissing the case.On appeal, the Appellate Term, Second Department, noted that the defendant’s check… [read post]
17 May 2024, 1:07 pm by John Ross
I may have disobeyed intentionally, but not willfully because my attorney told me not to comply. [read post]
17 May 2024, 5:00 am
"After the Kings County Civil Court found in the landlord’s favor, and awarded it a final judgment of possession, an appeal ensued.On its review of the record, the Appellate Term, Second Department, thought that the landlord had failed to prove that it had a landlord-tenant relationship with the occupant, that there was a written or oral lease between the parties, or that the occupant ever paid rent.Absent a landlord-tenant relationship, or some statutory basis to… [read post]
13 May 2024, 6:00 am by Public Employment Law Press
 Matter of Rosa v New York City Employees' Retirement Sys. 2024 NY Slip Op 02538 Decided on May 8, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
13 May 2024, 6:00 am by Public Employment Law Press
 Matter of Rosa v New York City Employees' Retirement Sys. 2024 NY Slip Op 02538 Decided on May 8, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
13 May 2024, 4:50 am by Franklin C. McRoberts
But a recent decision by Kings County Commercial Division Justice Leon Ruchelsman, Kordonsky v Brudoley, Decision and Order [Sup Ct, Kings County Mar. 26, 2024]), highlights some of the shortcomings of the intervention procedure for unnamed owners in derivative cases. [read post]