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16 Apr 2012, 3:00 am by Peter A. Mahler
Matter of Baba Makhan Shah Lobana Sikh Center, Inc., 2011 NY Slip Op 31271(U) (Sup Ct Queens County Apr. 18, 2011). [read post]
2 Oct 2017, 3:33 am by Franklin C. McRoberts
New York’s LLC judicial dissolution statute, Section 702 of the Limited Liability Company Law, provides far more limited grounds to dissolve a business than the Business Corporation Law – a harsh reality for allegedly mistreated minority members highlighted by a recent decision by Manhattan Supreme Court Justice David B. [read post]
2 Oct 2017, 3:33 am by Franklin C. McRoberts
New York’s LLC judicial dissolution statute, Section 702 of the Limited Liability Company Law, provides far more limited grounds to dissolve a business than the Business Corporation Law – a harsh reality for allegedly mistreated minority members highlighted by a recent decision by Manhattan Supreme Court Justice David B. [read post]
28 Oct 2019, 3:43 am by Franklin C. McRoberts
As former Justice Demarest held, “Where there are issues of fact in a dispute over whether a director participated in alleged wrongful conduct and acted in good faith on behalf of the corporation, courts have generally permitted the relief of advanced litigation expenses, including attorney’s fees, subject to reallocation at the end of the action” (Gen. [read post]
6 Dec 2010, 3:00 am by Peter A. Mahler
In a February 2009 trial court decision reported at 2009 NY Slip Op 30410(U), Justice Diamond rejected Cole's position that his damages included his pro rata share of ongoing distributions to date, and instead agreed with Macklowe that Cole's damages should be calculated based on (1) the total distributions which were withheld from Cole prior to Macklowe's repudiation of the agreements in September, 1999 and (2) the value of… [read post]
16 Mar 2009, 5:00 am
  The Evidence Justice Battaglia's lengthy decision contains a detailed recitation of the evidence at trial, the full scope and nuances of which I cannot possibly replicate here. [read post]
22 Jan 2018, 3:44 am by Franklin C. McRoberts
After a lengthy interlude, along comes Magid v Magid, 2017 NY Slip Op 32603(U) [Sup Ct NY County Dec. 14, 2017]. [read post]
28 Feb 2011, 3:00 am by Peter A. Mahler
Gallagher, 2011 NY Slip Op 30277(U) (Sup Ct Nassau County Jan.13, 2011), decided last month by Nassau County Commercial Division Justice Timothy S. [read post]
18 Dec 2023, 4:25 am by Peter J. Sluka
  The First Department’s Decision By Order Dated December 12, 2023, however, the First Department affirmed Justice Bluth’s finding of ambiguity. [read post]