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6 Nov 2022, 6:04 pm by Sabrina I. Pacifici
Department of Justice, preventing easy access to the service. [read post]
31 Oct 2022, 4:53 am by Franklin C. McRoberts
The Kao Case Continuing our exploration of the law of advancement and indemnification, we consider this week a recent decision from Manhattan Commercial Division Justice Margaret Chan, Kao v Onyx Renewable Partners L.P. (2022 NY Slip Op 33117[U] [Sup Ct, NY County Sept. 15, 2022]). [read post]
29 Aug 2022, 4:40 am by Franklin C. McRoberts
The Larsen Decision The first was Larsen v Larsen (2022 NY Slip Op 32415(U) [Sup Ct, Kings County July 18, 2022]), in which Brooklyn Commercial Division Justice Leon Ruchelsman considered and rejected a pre-answer dismissal challenge to a shareholder derivative suit based upon the suing minority shareholder’s alleged conflict of interest. [read post]
26 Aug 2022, 3:22 am by Andrew Lavoott Bluestone
C., 82 AD3d 652, 652 [1st Dept 2011] [granting dismissal where the complaint failed to plead that the attorneys’ actions caused the plaintiff’s damages]). [read post]
15 Aug 2022, 3:48 am by Peter Mahler
“Grammatical Irregularities” Don’t Govern Operating Agreement’s Capital Call Provision  Chen v 697 Dekalb LLC, 2022 NY Slip Op 32418(U) [Sup Ct Kings County July 18, 2022]. [read post]
20 May 2022, 1:56 pm by David Kopel
For at least some of the Constitution, I agree with Justice Harlan's famous dissent in Poe v. [read post]
9 May 2022, 5:59 pm
Co. of Connecticut, 2003 WL 329054 (SDNY Feb. 13, 2003).The policyholder in Phillips did not appeal Justice Siwek’s corresponding order.Matter of Pottenburgh v. [read post]
27 Apr 2022, 1:12 pm by Public Employment Law Press
The legislature notified the IRC of that rejection, triggering the IRC's obligation to compose — within 15 days — a second redistricting plan for the legislature's review (see NY Const, art III § 4 [b]). [read post]
27 Apr 2022, 1:12 pm by Public Employment Law Press
The legislature notified the IRC of that rejection, triggering the IRC's obligation to compose — within 15 days — a second redistricting plan for the legislature's review (see NY Const, art III § 4 [b]). [read post]
25 Apr 2022, 4:32 am by Andrew Lavoott Bluestone
In a brisk and unequivocal grant of a CPLR 3211 motion, Justice Borrok makes some sweeping findings of fact in Walk v Kasowitz Benson Torres LLP, 2022 NY Slip Op 50031(U) [74 Misc 3d 1203(A)], Decided on January 20, 2022, Supreme Court, New York. [read post]
11 Apr 2022, 4:46 am by Peter J. Sluka
Consider the First Department’s decision last week in Stile v C-Air Customhouse Brokers-Forwards Inc., which arguably seems poised to make at least two big waves in the area of minority shareholder’s rights (2022 NY Slip Op 02244 [1st Dept April 5, 2022]). [read post]
14 Feb 2022, 4:44 am by Franklin C. McRoberts
Justice Masley’s valuation decision in Quattro Parent LLC v Rakib, 2022 NY Slip Op 30190(U) [Sup Ct, NY County Jan. 14, 2022] is noteworthy for two reasons. [read post]
31 Jan 2022, 4:23 am by Franklin C. McRoberts
Co., Inc., 2022 NY Slip Op 30192(U) [Sup Ct, NY County Jan. 12, 2022], Manhattan Supreme Court Justice Sabrina B. [read post]
24 Jan 2022, 2:46 am by Peter J. Sluka
Nelson, 54 AD3d 258, 2008 NY Slip Op 06504 (1st Dept 2008) (covered in this post). [read post]
6 Dec 2021, 4:49 am by Franklin C. McRoberts
Cohen’s lawsuit culminated in a fascinating decision last week from Manhattan Commercial Division Justice Joel M. [read post]