Search for: "Yudell v Gilbert"
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14 Aug 2012, 10:04 am
The New York Supreme Court Appellate Division, First Department issued a decision in Yudell v. [read post]
23 Aug 2012, 7:26 am
The Corporate & Securities Law Blog reports this morning that the Appellate Division of the New York Supreme Court in Yudell v Gilbert has discarded its previous case-by-case approach to determining whether shareholder litigation... [read post]
22 Aug 2012, 3:45 pm
In Yudell v. [read post]
13 Aug 2012, 2:11 am
A copy of the slip opinion, Yudell v. [read post]
Appellate Decision in Partnership Dispute Clarifies Distinction Between Direct and Derivative Claims
13 Aug 2012, 3:00 am
" The preceding quotation, from a signed opinion by Justice Karla Moskowitz (pictured) writing for a unanimous panel of the Appellate Division, First Department, in Yudell v. [read post]
Appellate Decision in Partnership Dispute Clarifies Distinction Between Direct and Derivative Claims
13 Aug 2012, 3:00 am
" The preceding quotation, from a signed opinion by Justice Karla Moskowitz (pictured) writing for a unanimous panel of the Appellate Division, First Department, in Yudell v. [read post]
13 Sep 2017, 3:53 am
” Yudell v Gilbert, 99 AD3d I 08, 114 (I st Dept 2012), quoting TooleyvDonaldwn, Lufkin &.Jenrette, Inc., 845 A2d 1031, 1033 (Del 2004). [read post]
6 Jul 2015, 3:28 am
The court also refused to give weight to plaintiff’s allegations concerning the defendants’ conviction for tax evasive business practices, citing the in pari delicto doctrine and writing as follows: Plaintiff’s claims for breach of fiduciary duty and good faith and fair dealing were properly dismissed as derivative, as they turn on allegations of the individual defendants’ looting and mismanagement of the defendant corporation (see Yudell v… [read post]
3 Jan 2022, 12:58 am
As stated by the Appellate Division, First Department in Yudell v Gilbert, borrowing from the Delaware Supreme Court’s Tooley formulation, the determination depends on “(1) who suffered the alleged harm (the corporation or the stockholders); and (2) who would receive the benefit of any recovery or other remedy (the corporation or the stockholders individually). [read post]
29 Jul 2013, 4:17 am
Yet, as the Appellate Division, First Department, recently observed in Yudell v. [read post]
22 Apr 2024, 4:21 am
., Inc. v Sturm, ___ AD3d ___, 2024 NY Slip Op 01864 [1st Dept Apr. 4, 2024]), a bombshell decision for already anxious accountants at the height of tax season. 1650 Broadway is a warning to accountants of closely-held businesses that where they allegedly acquire knowledge or information of an owner’s financial improprieties, New York common law may now impose upon them an affirmative duty to make disclosure to a co-owner with whom the accountant has an accountant-client… [read post]
