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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]
7 Nov 2011, 3:00 am
Justice Bucaria's decision first summarizes the standard for judicial dissolution of LLCs under §702 of the LLC Law, as construed by the Appellate Division, Second Department, in the 1545 Ocean Avenue case: [LLC Law] §702 provides that a court may decree judicial dissolution of a limited liability company whenever it is not reasonably practicable to carry on the business in conformity with the articles of organization… [read post]
31 Oct 2011, 3:00 am
(Read here and here my prior posts on the 1545 Ocean Avenue case and its subsequent impact on LLC dissolution jurisprudence.) [read post]
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]
14 Feb 2011, 3:00 am
He concludes not, in the following passage from the decision: Where the operating agreement is silent as to the events which will trigger dissolution, the court must look to Limited Liability Company Law §702 ([Matter of 1545 Ocean Avenue, 72 AD3d 121, 124]). [read post]
7 Feb 2011, 11:22 am
A leading example is New York’s Matter of 1545 Ocean Avenue, LLC v. [read post]
7 Feb 2011, 3:00 am
It's been a year since the Appellate Division, Second Department, altered the LLC dissolution landscape in New York with its decision in the 1545 Ocean Avenue case. [read post]
12 Jan 2011, 4:19 am
They do not allege that the Sklavos defendants failed to successfully represent 2417 Ocean Avenue and prevail in the actions or that the LLC incurred damages. [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]
29 Nov 2010, 3:00 am
Professor Ribstein cites a number of Delaware and New York court decisions as evidence of "the enhanced role of the agreement" under the statutory LLC dissolution standard, including the Appellate Division, Second Department's important decision earlier this year in Matter of 1545 Ocean Avenue, LLC where the court took a contract-oriented approach in denying dissolution based on deadlock (read here my post on… [read post]
24 Nov 2010, 2:28 am
Case: Muong v. 550 Ocean Avenue, LLC, NY Slip Op 08078 (2d Dept. 2010) Friday’s issue: Torts. [read post]
4 Oct 2010, 7:42 am
(PCI) and Poli-Gold, LLC (Poli-Gold) for alleged violations of the Clean Water Act at Panguitch Lake in Garfield County, Utah. [read post]
13 Sep 2010, 8:43 am
This left enviros wondering aloud about what had happened to a president who made reversing the rising of the oceans a campaign promise. [read post]
19 Jul 2010, 3:37 pm
Custom Air, LLC, of Louisville, Miss., was hired to spray Quilt fungicide over 120 acres of corn in a field owned by Jeff Sanderman, of Decorah, Iowa, on August 12, 2009, according to an administrative consent agreement and final order filed by EPA Region 7 in Kansas City, Kan. [read post]
11 Jul 2010, 8:33 pm
SETTLEMENTS Proposed CERCLA Section 122(h) Cost Recovery Settlement for the Kentucky Avenue Wellfield Superfund Site, Town of Horseheads and Village of Horseheads, Chemung County, NY. [read post]
24 May 2010, 10:49 pm
(Copyright Litigation Blog) US Copyright – Lawsuits and strategic steps Henley, Don – Henley, DeVore file reply briefs in ‘parody’ battle (Copyrights & Campaigns) US Trademarks 50% successful with jus tertii defense: Golden Temple of Oregon, LLC v Wai Lana Productions, LLC and United Food Imports, Inc v Baroody Imports, Inc (Property, intangible) ‘Fraud and the TTAB: What hath Bose wrought? [read post]
12 Apr 2010, 10:44 am
SETTLEMENTS Proposed CERCLA Section 122(h) Cost Recovery Settlement for the Kentucky Avenue Wellfield Superfund Site, Town of Horseheads and Village of Horseheads, Chemung County, NY. [read post]
7 Apr 2010, 3:44 pm
SETTLEMENTS EPA to Allow States Address Rising Ocean Acidity. [read post]
21 Mar 2010, 12:19 pm
The following is a summary review of articles from all over the nation concerning environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week. [read post]
