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27 Jun 2011, 3:00 am
As Justice Leonard Austin reminded us in last year's important ruling on LLC dissolution in the 1545 Ocean Avenue case, LLCs do not "fall within the ambit" of the BCL. [read post]
27 Dec 2010, 3:00 am
Matter of 1545 Ocean Avenue, LLC, 72 AD3d 121, 2010 NY Slip Op 00688 (2d Dept Jan. 26, 2010), in which the Second Department differentiated dissolution of LLCs from business corporations and pronounced a contract-based standard for judicial dissolution of LLCs giving primary weight to the terms of the operating agreement. 2. [read post]
26 Jun 2023, 4:12 am
In Pachter, taking its cue from the Appellate Division, Second Department’s observation in the 1565 Ocean Avenue case that LLC Law 702 is the “sole basis” for judicial dissolution of LLCs, the Brooklyn Commercial Division rejected common-law claims for “equitable” dissolution based on “egregious” conduct by LLC managers. [read post]
2 Sep 2014, 3:31 am
In the 1545 Ocean Avenue case, which is the leading case on LLC dissolution, the court observed that member or manager deadlock, while it may be a factor, is not an “independent” ground for dissolution under LLC Law § 702, which the court construed as requiring a showing of financial infeasibility or the inability to achieve the LLC’s purpose within the context of the LLC’s operating agreement. [read post]
11 Jun 2018, 4:32 am
” Though Justice Kornreich’s “failing financially” prong received some criticism at the time as unsupported by the plain language of the statute itself, years later the Appellate Division – Second Department, relying upon Schindler, adopted her standard in Matter of 1545 Ocean Avenue, LLC, 72 AD3d 121 [2d Dept 2010]. [read post]
21 May 2012, 3:00 am
Justice Dowd also quotes from the Second Department's seminal opinion in the 1545 Ocean Avenue case, stating that "the dissolution of a limited liability company under LLC Law §702 is initially a contract-based analysis." [read post]
17 Aug 2021, 12:29 pm
Lafayette CA 94549 414 Miller Ave Mill Valley CA 94941 790 De Long Avenue Novato CA 94945-7005 621 E. [read post]
28 Jun 2018, 8:49 am
” WesternGeco LLC v. [read post]
27 Mar 2017, 3:17 am
Justice Dufficy’s legal analysis beginning at page 6 of his decision includes an excellent review of the statutory standard and interpretative case law governing dissolution of LLCs, citing familiar cases such as 1545 Ocean Avenue, Doyle v Icon, and (pardon the self-promotion) a couple of cases I litigated and won (Natanel v Cohen and Sieni v Jamsfab, LLC). [read post]
9 Nov 2011, 2:18 pm
ATERES MICHOEL, 5 DITMAS AVENUE BROOKLYN NY 11218 KITCHN/TOBI SCHIMMER, 118 MIDDLETON STREET BROOKLYN NY 11206 AVENUE M FOODS, 1920 AVENUE M BROOKLYN NY 11230 GLATT KOSHER FOOD, 128 2ND STREET LAKEWOOD NJ 08701 A & L FOODS INC, 4200 AMOS AVENUE BALTIMORE MD 21215 KING DAVID DELI LLC, 550 CENTRAL AVENUE CEDARHURST NY 11516 ARONS KISSENA FARMS, 72-15 KISSENA BLVD FLUSHING NY 11367 CATERING BY M SCHICK INC, 9024 FOSTER AVE. [read post]
9 Nov 2011, 2:18 pm
ATERES MICHOEL, 5 DITMAS AVENUE BROOKLYN NY 11218 KITCHN/TOBI SCHIMMER, 118 MIDDLETON STREET BROOKLYN NY 11206 AVENUE M FOODS, 1920 AVENUE M BROOKLYN NY 11230 GLATT KOSHER FOOD, 128 2ND STREET LAKEWOOD NJ 08701 A & L FOODS INC, 4200 AMOS AVENUE BALTIMORE MD 21215 KING DAVID DELI LLC, 550 CENTRAL AVENUE CEDARHURST NY 11516 ARONS KISSENA FARMS, 72-15 KISSENA BLVD FLUSHING NY 11367 CATERING BY M SCHICK INC, 9024 FOSTER AVE. [read post]
9 Nov 2011, 7:33 am
ATERES MICHOEL, 5 DITMAS AVENUE BROOKLYN NY 11218 KITCHN/TOBI SCHIMMER, 118 MIDDLETON STREET BROOKLYN NY 11206 AVENUE M FOODS, 1920 AVENUE M BROOKLYN NY 11230 GLATT KOSHER FOOD, 128 2ND STREET LAKEWOOD NJ 08701 A & L FOODS INC, 4200 AMOS AVENUE BALTIMORE MD 21215 KING DAVID DELI LLC, 550 CENTRAL AVENUE CEDARHURST NY 11516 ARONS KISSENA FARMS, 72-15 KISSENA BLVD FLUSHING NY 11367 CATERING BY M SCHICK INC, 9024 FOSTER AVE. [read post]
9 Nov 2011, 7:33 am
ATERES MICHOEL, 5 DITMAS AVENUE BROOKLYN NY 11218 KITCHN/TOBI SCHIMMER, 118 MIDDLETON STREET BROOKLYN NY 11206 AVENUE M FOODS, 1920 AVENUE M BROOKLYN NY 11230 GLATT KOSHER FOOD, 128 2ND STREET LAKEWOOD NJ 08701 A & L FOODS INC, 4200 AMOS AVENUE BALTIMORE MD 21215 KING DAVID DELI LLC, 550 CENTRAL AVENUE CEDARHURST NY 11516 ARONS KISSENA FARMS, 72-15 KISSENA BLVD FLUSHING NY 11367 CATERING BY M SCHICK INC, 9024 FOSTER AVE. [read post]
8 Feb 2010, 3:00 am
Now let's examine the 1545 Ocean decision.The Facts 1545 Ocean Avenue, LLC ("1545 LLC") was formed in late 2006 as a manager-managed LLC with two 50% members, Crown Royal Ventures, LLC ("Crown Royal") and Ocean Suffolk Properties, LLC ("Ocean Suffolk"). [read post]
25 Jul 2016, 3:30 am
(A prominent example of this is the Second Department’s 2010 decision in the 1545 Ocean Avenue case which drew heavily upon Delaware Chancery Court precedent in setting the standard for judicial dissolution of LLCs under Section 702 of New York’s LLC Law.) [read post]
6 Feb 2012, 3:00 am
More significantly, the Brooklyn-based Appellate Division, Second Department's 2010 decision in the 1545 Ocean Avenue case, in which the court redefined the standard for judicial dissolution of LLCs, drew heavily on the contract-based approach formulated by the Chancery Court (read here). [read post]
27 Nov 2016, 2:46 pm
One of the bank accounts is believed to be titled “Sangster Group LLC,” maintained at Bank of America, 515 Ocean Avenue, Brooklyn, New York. [read post]
27 Nov 2016, 2:46 pm
One of the bank accounts is believed to be titled “Sangster Group LLC,” maintained at Bank of America, 515 Ocean Avenue, Brooklyn, New York. [read post]
21 May 2012, 3:00 am
" Justice Dowd also quotes from the Second Department's seminal opinion in the 1545 Ocean Avenue case, stating that "the dissolution of a limited liability company under LLC Law §702 is initially a contract-based analysis. [read post]
2 Aug 2009, 4:35 pm
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
