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24 Sep 2018, 2:31 am by Peter Mahler
The Court’s Dismissal of the Lawsuit The siblings filed a pre-answer motion to dismiss the complaint, arguing that its allegations failed to state a valid claim for judicial dissolution under LLC Law § 702’s not-reasonably-practicable standard as construed by the courts in the 1545 Ocean Avenue case and its progeny. [read post]
22 Apr 2019, 3:46 am by Peter Mahler
In 2014, Justice Kitzes dismissed NIssim’s initial dissolution claim on the basis that his oppression allegations did not meet either prong of the test for LLC dissolution decreed in the Second Department’s 1545 Ocean Avenue decision, i.e. [read post]
25 Feb 2013, 3:42 am by Peter Mahler
In fairness to Doyle, his complaint preceded by about six months the 1545 Ocean Avenue decision, which dramatically shifted LLC dissolution jurisprudence away from the notion, accepted in a number of previous lower court decisions, that allegations of oppressive conduct by the majority against the minority sufficient to state a claim for dissolution under BCL §1104-a also suffice under LLC Law §702. [read post]
4 Aug 2009, 5:00 am
The article said that the 38-year-old defendant in the Maryland drug crime case is from Ocean City, MD. [read post]
11 May 2020, 3:19 am by Franklin C. McRoberts
The LLC Dissolution Claim The legal test for judicial LLC dissolution in New York, adopted in Matter of 1545 Ocean Avenue, involves a two-fold consideration of the LLC’s ability to achieve its “stated purpose,” and whether the LLC is “failing financially. [read post]
8 Jan 2018, 3:29 am by Peter Mahler
  Deadlock is not an independent basis for judicial dissolution of New York LLC’s under the governing standard adopted in the 1545 Ocean Avenue case but, as Manhattan Commercial Division Justice Saliann Scarpulla explains in her decision, when two co-equal managers are unable to cooperate, the court “must consider the managers’ disagreement in light of the operating agreement and the continued ability of [the LLC] to function in… [read post]
11 Aug 2021, 12:15 pm by Jonathan Stroud
A big chunk of the PTAB action was against Ocean Semiconductor LLC by Applied Materials, Inc., who filed five against the litigation financed entity (Fullbrite Capital Partners, LLC), and six filed by Lumenis Ltd. against BTL Healthcare Technologies A.S in an apparent... [read post]
15 Jul 2019, 4:10 am by Peter Mahler
Case law development has been slow, as evidenced by the 16 years it took before an appellate court in the 1545 Ocean Avenue case construed the standard for judicial dissolution of LLCs under Section 702. [read post]
1 Dec 2014, 2:25 pm by Sutherland LNG
  Eagle proposes to load the LNG into trucks and containers, or onto ocean-going vessels for use in the marine bunkering trade and for export from the United States. [read post]
27 Nov 2012, 2:35 pm
., Ocean Peace, Inc., and United States Seafoods, LLC, have each been fined by the EPA for violations of the Clean Water Act. [read post]
27 Dec 2022, 4:24 am by Peter J. Sluka
Defendants, backed by a high-powered litigation team at Paul, Weiss, responded with a two-pronged argument: First, they argued that dissolution of Bull-Poet was improper because Antonia could not satisfy the requirements of LLC Law 702 and Matter of 1545 Ocean Ave., LLC, 72 AD3d 121, 131 (2d Dept 2010) (discussed here) that it is not reasonably practicable to carry on the business of the LLC. [read post]
19 Oct 2020, 4:19 am by Franklin C. McRoberts
In their dismissal memorandum of law (you can also read the opposition and reply submissions here), respondents argued that the existence of LLC Law 702 supplanted any potential common-law dissolution remedy, relying upon some seemingly strong language from In re 1545 Ocean Ave., LLC, 72 AD3d 121 [2d Dept 2010]: [T]he Legislature can only have intended the dissolution standard therein provided to remain the sole basis for judicial dissolution of a limited liability company… [read post]
24 Aug 2017, 6:37 am by Benjamin F. Jackson, Stephen P. Younger
”[5]  The Second Department then explained that based on Matter of Dissolution of 1545 Ocean Avenue, LLC,[6] an LLC member seeking judicial dissolution of the LLC must demonstrate that either: (1) the management of the entity is unable or unwilling to promote the LLC’s stated purpose, or (2) continuing the entity is financially unfeasible. [read post]
5 Dec 2016, 3:20 am by Peter Mahler
Ash, agreed with the majority member and denied the petition insofar as it sought the LLC’s dissolution under the two-part standard established in the 1545 Ocean Avenue case, i.e., whether the LLC’s management is unable or unwilling to reasonably permit or promote the stated purpose of the entity to be achieved, or continuing the entity is financially unfeasible. [read post]
27 Nov 2012, 2:35 pm
., Ocean Peace, Inc., and United States Seafoods, LLC, have each been fined by the EPA for violations of the Clean Water Act. [read post]
31 Jul 2011, 5:41 pm by Tomassi Law Associates
Perez, 25, allegedly was speeding and failed to navigate a curve in a sport utility vehicle, driving off the road and plummeting more than 25 yards down to train tracks beneath the Ocean-to-Ocean Bridge, injuring her four passengers just before 5 am Jan. 24, 2009. [read post]
9 Sep 2014, 4:34 pm by Lebowitz & Mzhen
The Maryland law firm of Lebowitz & Mzhen, LLC is a well-regarded personal injury firm known for its experienced team of premises liability attorneys. [read post]