Search for: "Matter of Pierce v State of New York" Results 21 - 40 of 143
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31 May 2016, 4:49 am by Peter Mahler
The decision devotes but a single sentence to its rationale for relieving the two shareholders of liability: The Supreme Court also should not have found liability on the part of Tehseldar and Tartir, who were corporate principals of the corporate defendants, because one of the primary legitimate purposes of incorporating is to limit or eliminate the personal liability of corporate principals (see Bartle v Home Owners Coop., 309 NY 103, 106), and the court did not find that they… [read post]
19 Jul 2021, 4:41 am by Franklin C. McRoberts
In October 2020, I blogged about a pre-answer dismissal decision in Pachter v Winiarsky, in which a New York court for the first time upheld a claim for common-law LLC dissolution, even where the court in the same decision held that the petition failed to state a claim for statutory dissolution under Section 702 of the Limited Liability Company Law. [read post]
27 May 2010, 9:43 am
Generally, a party seeking to pierce the corporate veil must show: (1) complete domination and control of the subsidiary by the parent with respect to the transaction at issue; and (2) that such domination was used to commit a fraud or wrong against the plaintiff that resulted in the plaintiff's injury (see Matter of Morris v New York State Dept. of Taxation & Fin. , 82 NY2d 135, 141 [1993]; Do Gooder Prods., Inc. v American… [read post]
6 Feb 2017, 6:42 am by Joy Waltemath
Offered the choice of relocating to New York within 30 days, applying for short-term disability leave, or accepting termination, the employee explained she could not move to New York because of her medical restrictions. [read post]
5 Jan 2016, 8:34 pm by Stephen Bilkis
She claimed to have a common-law marriage, a concept not recognized in New York State. [read post]
30 Mar 2018, 5:00 am by Jesse Lempel
The New York Court of Appeals has explained, most recently in Messenger v. [read post]
4 Nov 2013, 3:07 am by Peter Mahler
Prior to New York’s adoption in the late 1970′s of a statutory remedy for minority shareholder oppression under § 1104-a of the Business Corporation Law, a minority shareholder alleging squeeze-out or other coercive conduct by controlling shareholders was limited to a common-law claim for dissolution which, as somewhat amorphously articulated by New York’s highest court in Leibert v. [read post]
23 Jan 2014, 10:39 am by Mary Jane Wilmoth
RobbinsCase number: 13-cv-06694 (United States District Court for the Southern District of New York)Case filed: September 23, 2013Qualifying Judgment/Order: November 27, 2013 01/17/2014 04/17/2014 2013-125 SEC v. [read post]
3 Nov 2022, 10:45 am by Mark Ashton
For those who follow judicial trends, it may also be worthwhile to look at the case decided by the Supreme Court one day earlier in New York State Rifle Association v. [read post]