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6 Mar 2024, 8:00 am
Morley v. [read post]
6 Nov 2023, 4:16 am
The Application: Van Horne v. [read post]
2 Oct 2023, 4:22 am
In many if not most of these cases, the pre-amendment provision retains at least some of the protections found in Section 417 (b)’s default rule against adverse impact on the non-consenting members, as illustrated in a case decided earlier this year called Gallagher v Crotty. [read post]
26 Jun 2023, 4:12 am
The answer to Question #5 is “No” as established in the Pachter v Winiarsky case Frank McRoberts and I blogged about here, here, and here. [read post]
16 Jan 2023, 4:27 am
Last year, my co-blogger Frank McRoberts offered a construction of the Business Corporation Law that gave creditors and potential creditors an alternative: a path to insert themselves (and their claims) into a contested dissolution proceeding. [read post]
3 Jan 2023, 4:35 am
Max v ALP, Inc. [read post]
11 Jul 2022, 4:43 am
Cohen v Akabas & Cohen, 79 AD3d 460, 462 [1st Dept 2010], describes the valuation process undertaken in the event that partners wish to continue the business of the law firm after dissolution resulting from the death of a partner. [read post]
11 Apr 2022, 4:46 am
In BML Properties Ltd. v China Const. [read post]
21 Mar 2022, 4:29 am
But, because even these principles have exceptions, as highlighted in Frank McRoberts’ post on the curious case of Webster v Forest Hills Care Ctr., LLC, which suggested that the right to an accounting might be absolute. [read post]
7 Feb 2022, 4:29 am
A recent post on this site by Frank McRoberts explains the two competing strands of New York case law on tax estoppel, one strand holding tax returns are not determinative of ownership status, the other holding they are. [read post]
27 Dec 2021, 12:37 am
Deal v Tugalo Gas Co. [read post]
9 Aug 2021, 3:58 am
A recent appellate ruling by a Florida appellate court in Finlaw v Finlaw, resolving a dispute over the ownership of a partnership interest that a deceased partner devised by will to her grandson, presented an interesting twist on the same issue. [read post]
24 May 2021, 3:56 am
Common-Law Dissolution Plaintiff Loses Fight Over Venue Last year I wrote about a federal court’s first-impression decision in Busher v Barry in which it applied the Burford abstention doctrine to dismiss, without prejudice to refiling in state court, the minority shareholders’ claim for common-law dissolution. [read post]
4 Feb 2021, 11:42 am
In Montefusco v. [read post]
1 Jan 2021, 8:06 am
In re H (A Minor) (Abduction: Rights of Custody), [2000] 2 A.C. 291, 1999 WL 1319095 (appeal taken from Eng.); see Fawcett v. [read post]
7 Dec 2020, 4:59 am
In Tzolis v. [read post]
5 Nov 2020, 2:09 pm
McRoberts v. [read post]
25 May 2020, 5:13 pm
” Florida East Coast Railway v. [read post]
14 May 2018, 11:35 am
Brooks Co. v. [read post]
24 Apr 2018, 10:00 am
Madison Drake, a minor v. [read post]
