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30 Jan 2018, 4:01 am by Andrew Lavoott Bluestone
(See Grace v Law, 24 NY3d 203 [2014]; see also Buczek v Dell & Little, 127 AD3d 1121 [2d Dept. 2015]). [read post]
6 Mar 2019, 4:04 am by Edith Roberts
” At Law360 (subscription required), Edward Zelinsky maintains that in North Carolina Dept of Revenue v. [read post]
7 Aug 2012, 2:58 am by Andrew Lavoott Bluestone
In that case, in two separate decisions, both dated Dec. 2, 2011, and both entered on Dec. 7, 2011, Justice Allan B. [read post]
6 Dec 2019, 5:02 am by Andrew Lavoott Bluestone
(See Knop.fv San.ford, 123 AD3d 521, 521 (1st Dept 2014].) [read post]
18 Oct 2010, 4:00 am by Peter A. Mahler
Hopping, 171 AD2d 63 (2d Dept 1991), upon which the lower court principally relied, was "more precise" than the provision in the Teutuls' letter agreement [read post]
29 Jan 2024, 4:46 am by Franklin C. McRoberts
The Appellate Division – First Department later affirmed Justice Fried’s Barasch decision, but on other grounds, ruling that the entity was “estopped” from denying the transaction was an “all or substantially all” transaction because it sent a notice of shareholders meeting stating that it was exactly that: a “disposition of substantially all of the assets” of the company (100 AD3d 562 [1st Dept 2012]). [read post]
19 Oct 2011, 7:02 am by Joel R. Brandes
It pointed out that a court has the inherent power to relieve a party from judgments taken through mistake or inadvertence in the interest of justice, and directed that the awards of child support, maintenance, arrears, and an attorney's fee had to be recalculated based on the correct figures. [read post]
27 Apr 2015, 3:01 am by Peter Mahler
The same reluctance to intervene without dissolution and a full accounting applies to disputes between members of a limited liability company. while the Limited Liability Law does not expressly authorize a buyout in a dissolution proceeding, it is an appropriate equitable remedy in such a proceedin9 (Mizrahi v Cohen, 104 AD3d 917, 920 [2d Dept 2013]). [read post]
19 Sep 2008, 12:05 pm
The nominally private charter or status of the entities in question is not determinative, however (see Smith, 92 NY2d at 713-716; Holden v Board of Trustees of Cornell Univ., 80 AD2d 378, 380-381 [3d Dept 1981]). [read post]
18 Feb 2024, 5:29 pm by Franklin C. McRoberts
’” But Justice Livote concluded that Dvir only had himself to blame for his predicament: In the instant case, removal of Dvir as an officer for cause will severely impact the value of his investment. [read post]
3 Feb 2015, 11:30 am by Wells Bennett
James Sensenbrenner, stated that Dept. of Justice’s interpretation of Sec. 215 was contrary to Congressional intent (though there is a dispute regarding whether Sensenbrenner was aware of DOJ’s interpretation prior to the Snowden disclosures). [read post]
25 Oct 2010, 4:00 am by Peter A. Mahler
Alternatively, you can read a recent decision by Kings County Commercial Division Justice David I. [read post]