This week’s New York Business Divorce spotlights an interesting and unusual LLC dissolution case in which Justice Thomas Whelan upheld grounds for contractual as opposed to judicial dissolution. It’s one you won’t want to miss.
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August 2014
Summer Shorts: Director Removal and Other Recent Decisions of Interest
This week’s New York Business Divorce offers short summaries of three recent decisions of interest by Commercial Division Justices Melvin Schweitzer, Carolyn Demarest, and Marcy Friedman in which the courts addressed interesting issues concerning shareholder standing to seek removal of a director and dissolution of a wholly-owned subsidiary; venue in dissolution proceedings; and application of CPLR 205’s savings provision to the statute of limitations in a dissolution case.
Continue Reading Summer Shorts: Director Removal and Other Recent Decisions of Interest
Death of an LLC Member
By Peter A. Mahler on
In a noteworthy decision last month, Justice Orin Kitzes ruled that the executor of a deceased LLC member’s estate lacked standing to assert derivative claims against the LLC’s managers. Find out why, in this week’s New York Business Divorce. …
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Court Determines Realty is Partnership Asset in Dispute Between Surviving Partner and Estate
By Peter A. Mahler on
Posted in Buyout, Partnerships
Can real property titled in the names of individuals be deemed partnership property? That’s the question recently answered by Justice Carolyn Demarest in Sokolowski v. Wodkiewicz, a case involving competing claims by the estate of a deceased property owner and the surviving co-owners who asserted the right to purchase the estate’s interest. This week’s New York Business Divorce has the story.
Continue Reading Court Determines Realty is Partnership Asset in Dispute Between Surviving Partner and Estate