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9 Aug 2021, 3:06 pm
Continue reading The post Investors in First Capital REIT, Formerly Known as United Realty Trust, May Have Legal Claims appeared first on Investor Lawyers Blog. [read post]
13 Jul 2021, 5:30 am
Finding one that believed me and was willing to take on the case had not been easy. [read post]
28 Jun 2021, 3:10 am
That, plus the fact that realty holding companies these days overwhelmingly are organized as LLCs, plus the fact that the New York metro area has one of the largest and most active real estate development markets in the country, may explain the frequency of lawsuits in the courts of New York brought by non-managing members against managing members of realty holding LLCs involving allegations of conflict of interest and self-dealing. [read post]
7 Jun 2021, 4:38 am
In that case, Shilpa Saketh Realty, Inc. v Vidiyala, 191 AD3d 512 [1st Dept 2021], the court reversed dismissal and reinstated the plaintiff’s claims. [read post]
24 May 2021, 3:56 am
I suspect many in the legal profession would opine that the battle to secure venue in one’s home turf is more about perception, psychology, and attorney familiarity with court personnel than it is about enhancing the odds of prevailing, especially in cases like Busher involving a claim for equitable relief that gets decided by a Commercial Division judge rather than a jury. [read post]
23 May 2021, 7:38 am
The Court concluded its argument by referring back to the Supreme Court’s original decision on tester standing, Havens Realty Corp. v. [read post]
7 Apr 2021, 8:14 am
If foolishness were limited to one day a year this blog would be well overdue, but a glance at the news – legal, political or other, shows that every day in April can be April fools day, so I make no apologies for the delay in getting this out. [read post]
22 Mar 2021, 4:17 am
The following examples illustrate the hurdles to pleading a sustainable RICO claim in a business divorce setting: In Daskal v Tyrnauer, 2012 NY Slip Op 52036(U) [Sup Ct Kings County 2012], the plaintiff brought direct and derivative claims against his co-owner in a realty holding LLC and others arising from a realty development project that ultimately led to the construction lender’s foreclosure on the LLC’s realty asset. [read post]
12 Mar 2021, 9:57 am
Supreme Court in the Digital Realty case interpreted the SEC program to require whistleblowers to first report to the SEC before receiving protections against retaliation, the new AML reward law wisely eliminates any such precondition. [read post]
17 Feb 2021, 11:50 am
On this point, artworks are protectable independently of their legal or illegal origin. [read post]
11 Feb 2021, 2:02 pm
One particular context within which these separate legal identities can be very important is in the D&O insurance context, as the insurance may be structured to apply to specified entities (and therefore not to others). [read post]
1 Feb 2021, 4:46 am
In the classic scenario such as the one played out in Bak involving a singe-asset realty holding company, co-owner #1 buys the shares of co-owner #2 at a negotiated price and soon afterward sells the company’s realty at a much higher price to an outside buyer who was waiting in the wings unknown to co-owner #2. [read post]
16 Jan 2021, 10:57 pm
The purpose of this paper is to provide guidance on letters of intent for legal counsel supporting supply chain management. [read post]
11 Jan 2021, 4:46 am
One month later, the buying member sold the LLC’s property to a third-party buyer for $2.9 million. [read post]
19 Nov 2020, 6:47 am
Edmead is one of them. [read post]
15 Nov 2020, 3:13 pm
One of my law professors collected cases like this because he was a legal nihilist who believed that courts make whatever decision the judge wants and then find an excuse for it. [read post]
28 Oct 2020, 1:24 pm
G&M Realty, L.P. involved a series of dilapidated warehouse buildings known as “5Pointz” in Long Island. [read post]
28 Oct 2020, 11:59 am
The building is owned by EH And HD 183rd Realty. [read post]
26 Oct 2020, 3:40 am
The hearing featured testimony and reports by each side’s realty appraisers. [read post]
23 Oct 2020, 9:28 am
This change corresponds with the Supreme Court ruling in Digital Realty v. [read post]