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16 Jul 2023, 6:44 pm by Franklin C. McRoberts
“Standing and capacity related dismissals are not on the merits” (Favourite Ltd. v Cico, 208 AD3d 99 [1st Dept 2022]), and are deemed to be “without prejudice” (B and H Florida Notes LLC v Ashkenazi, 182 AD3d 525 [1st Dept 2020]). [read post]
6 Apr 2020, 12:41 am by Peter Mahler
The proverb “All for the want of a horseshoe nail” aptly describes the possibly mortal blow dealt by the Appellate Division’s recent decision in Favourite Ltd. v Cico, 2020 NY Slip Op 01463 [1st Dept Mar. 3, 2020], to a lawsuit initiated by non-managing members of a manager-managed Delaware LLC whose certificate of formation was cancelled for the ministerial failure to designate a new registered agent within 30 days after its old one… [read post]
10 Dec 2018, 3:08 am by Peter Mahler
Schechter’s recent decision in Favourite Ltd. v Cico, 2018 NY Slip Op 32781(U) [Sup Ct NY County Oct. 30, 2018], permitting the LLC and some of its members to file an amended pleading against the LLC’s former managing members, addresses several issues of interest including whether the legislature’s action automatically triggered dissolution under the operating agreement’s arguably conflicting provisions, and… [read post]