In this week’s New York Business Divorce, a tip of the hat to retiring Justices Eileen Bransten and Charles E. Ramos with a look back at some of their more memorable business divorce rulings.
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Dissolution Basics
A Deep Dive Into the Election to Purchase in Dissolution Proceedings
By Peter Mahler on
Posted in Buyout, Dissolution Basics
This week’s New York Business Divorce takes a close look at the issues surrounding the statutory right of the corporation and other shareholders to stay dissolution proceedings by electing to purchase the petitioner’s shares at fair value. …
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Stock Pledge Agreement Defeats Minority Shareholder’s Standing to Sue for Statutory But Not Common-Law Dissolution
In a follow-up to last week’s New York Business Divorce, this week’s post addresses a second decision by Justice Saliann Scarpulla in the Yu family constellation of ilitigations, this time considering the fatal effects on standing to sue for statutory dissolution by assigning one’s stock voting rights.…
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A Trip Down Business Divorce Lane with Recently Retired Justice Shirley Werner Kornreich
In this week’s New York Business Divorce, we salute recently-retired Commercial Division Justice Shirley Werner Kornreich with a collection of some of her most noteworthy decisions in the area of business ownership disputes.…
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Rare Partnership Dissolution Decision Applies Deadlock Standard to Dissolution Under Partnership Law
By Franklin C. McRoberts on
Is there a meaningful difference between the deadlock standard for judicial dissolution under the Partnership Law and the Business Corporation Law? Perhaps. Read on in this week’s New York Business Divorce.…
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The (Even More) Elusive Surcharge in Dissolution Proceedings
By Peter Mahler on
Posted in Dissolution Basics, Surcharge
The much-neglected surcharge provision in corporate dissolution litigation is looking even less attractive after a trial court’s decision earlier this month, limiting its application to buy-out proceedings. Learn more in this week’s New York Business Divorce.…
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“Where’s the Beef?” Says Appeals Court, Reversing LLC Dissolution
By Franklin C. McRoberts on
After more than two years in receivership, an appeals court gives a dissolved LLC a new lease on life because the petitioners “offered no competent evidentiary proof” why the entity should have been dissolved. We take a closer look in this week’s New York Business Divorce.…
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Court Defines “True Deadlock”
By Peter Mahler on
The Supreme Court of Massachusetts recently formulated a useful, four-factor test for “true deadlock” in corporate dissolution cases. Learn more in this week’s New York Business Divorce.…
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Federal Court No Mecca for Business Divorce Litigants
By Franklin C. McRoberts on
The barriers to a federal court forum in corporate dissolution cases is high indeed, as the litigants learned in the case examined in this week’s New York Business Divorce.…
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Withdraw a Dissolution Claim? Not So Fast
By Franklin C. McRoberts on
This week’s New York Business Divorce authored by Frank McRoberts focuses on a relatively rare issue decided by Albany Commercial Division Justice Richard Platkin involving a dissolution petitioner’s request for permission to withdraw the dissolution claim in order to defeat the majority’s buy-out election.…
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