Search for: "Leon Ruchelsman"
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11 Jan 2021, 4:46 am
The Court’s Decision In a decision by Brooklyn Commercial Division Justice Leon Ruchelsman, the court rejected Rostek’s argument that there existed no fiduciary relationship or duty as a matter of law, writing that there has been evidence submitted that at the time the plaintiff and defendant were negotiating the buyout the defendant was negotiating to sell the property to others for more than was evaluated between plaintiff and defendant. [read post]
4 Jan 2021, 4:30 am
The Eikenberry Case A recent decision by Kings County Commercial Division Justice Leon Ruchelsman, Eikenberry v Lamson, 2020 NY Slip Op 33992(U) [Kings County Nov. 30, 2020], is a fine springboard for exploring the application of these legal standards to business divorce litigation where (as is often the case) the injunction movant’s ownership status in the business is hotly contested. [read post]
13 Jul 2020, 4:51 am
The LLC’s initial motion to dismiss the complaint was denied by Commercial Division Justice Leon Ruchelsman (read here), finding insufficient evidence Herbst was an owner of the LLC whose Form K-1’s did not list Herbst as an owner. [read post]
29 Aug 2022, 4:40 am
The Larsen Decision The first was Larsen v Larsen (2022 NY Slip Op 32415(U) [Sup Ct, Kings County July 18, 2022]), in which Brooklyn Commercial Division Justice Leon Ruchelsman considered and rejected a pre-answer dismissal challenge to a shareholder derivative suit based upon the suing minority shareholder’s alleged conflict of interest. [read post]
3 Jan 2023, 4:35 am
I’m delighted to present our 15th annual list of the past year’s ten most significant business divorce cases. [read post]
19 Oct 2020, 4:19 am
” Five years later, we’re pleased to write about a first-impression decision issued last week by Brooklyn Commercial Division Justice Leon Ruchelsman, in which a creative litigant persuaded the Court to become the first in New York to recognize the existence of a viable cause of action for common-law dissolution of an LLC, notwithstanding the existence of the LLC judicial dissolution standard found in Section 702 of the Limited Liability Company Law (the “LLC… [read post]
15 Aug 2022, 3:48 am
Brooklyn Commercial Division Justice Leon Ruchelsman found that this and other “grammatical irregularities” in the agreement concerning member consent to assignment and the admission of new members “do not govern the plain meaning of the agreement” in this suit brought by a 25% member seeking judicial dissolution of a realty-holding LLC after the majority members threatened dilution unless he contributed an additional $485,000 on top of his original $300,000… [read post]
