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23 Feb 2015, 3:19 am by Peter Mahler
Mercer offered a two-prong argument for 0% DLOM: (1) application of DLOM in a statutory fair value proceeding effectively constitutes a prohibited minority discount, and (2) the marketability risk was fully reflected in the market exposure period built into the real estate appraisal. [read post]
17 Jan 2025, 4:52 am by Andrew Lavoott Bluestone
Lipper Convertibles, L.P. v PricewaterhouseCoopers LLP, 9 NY3d 1, 8 [2007]); see also Lemle 165 AD3d at 414 [finding professional malpractice accrued when the client filed tax returns, not when client discovered they were wrong]). [read post]
30 Jul 2019, 4:23 am by Andrew Lavoott Bluestone
Plaintiff was required to move back to Manhattan “no later than September 1, 2014. [read post]
28 Dec 2008, 10:43 pm
Bill, 34 AD3d 741 [2nd Dept. 2006], rev'd, 10 NY3d 550 [2008] [reversed on effective date of the amendment]; Williams v. [read post]
17 Jun 2010, 4:28 am
Zurlo, the Clinton County Administrator, to review the report, determine if its findings were supported by substantial evidence and decide what penalty, if any, should be imposed upon Guynup.Zurlo adopted the Hearing Officer's findings that Guynup was guilty of misconduct, insubordination and incompetence, but, among other things, determined that the specification dismissed by the Hearing Officer as untimely was, in fact, timely as it constituted criminal and, therefor, the statutory time… [read post]
20 Aug 2010, 11:48 am
Howe Chemical Co., Inc., 210 AD2d 62 [1st Dept 1994]; see also Matter of Freeman, 34 NY2d 1, 9 [1974]; Marshall v New York City Health & Hosps. [read post]
8 Jun 2010, 11:20 am
Civil Service Employees Ass'n, 8 N.Y.3d 513, “Once ... an informed decision as to which positions are to be [abolished] is made, §80(1) obligates the employer to respect the seniority rights of its employees. [read post]
23 Oct 2009, 10:00 am
" # # # Decided on October 22, 2009 No. 131 [*1]Amy L. [read post]
6 Jul 2021, 4:23 am by Franklin C. McRoberts
Under New York law, “[w]hen there is no written partnership agreement between the parties [the] [f]actors to be considered in determining the existence of a partnership include (1) sharing of profits, (2) sharing of losses, (3) ownership of partnership assets, (4) joint management and control, (5) joint liability to creditors, (6) intention of the parties, (7) compensation, (8) contribution of capital, and (9) loans to the organization” (Czernicki v Lawniczak, 74 AD3d… [read post]
16 Feb 2024, 5:35 am by Andrew Lavoott Bluestone
Corp., 64 AD3d 85, 106 [2d Dept 2009], lv dismissed 13 NY3d 900 [2009], citing Matter of Costello v Geiser, 85 NY2d 103, 109 [1995]). [read post]
7 Jan 2019, 6:34 am by M@jux-@dmin
For example, in the area of disclosure of medical information, plaintiffs have to show: (1) a duty that the defendant the plaintiff; (2) a breach of duty, and (3) an injury resulting from the breach. [read post]