The death of a shareholder amidst a deadlock dissolution proceeding turns the case upside down, as explained in a decision last month by Justice Vito M. DeStefano granting the petitioner’s request to discontinue the proceeding. Check it out in this week’s New York Business Divorce.
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Dissolution Procedure
Surviving a Motion to Dismiss in LLC Dissolution Cases
By Peter Mahler on
Surviving a dismissal motion in LLC dissolution cases can be affected by the form of the suit, i.e., whether brought as a special proceeding or as a plenary action. Find out more, and see how a dismissal motion played out in a recent decision by Manhattan Justice Ellen Coin, in this week’s New York Business Divorce.…
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Buy-Out Interruptus: Court Okays New Suit Five Years After Unconsummated Election to Purchase in Prior Dissolution Case
By Peter Mahler on
In this week’s New York Business Divorce, find out how Justice Vito DeStefano ruled when asked to dismiss a damages suit by a minority shareholder against the majority shareholder, brought years after the minority shareholder abandoned a prior dissolution proceeding in which the majority shareholder elected to purchase.…
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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.…
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Special Rules Govern Service in Corporate Dissolution Proceedings
By Peter Mahler on
Posted in Dissolution Procedure
This week’s New York Business Divorce highlights a recent, important ruling by an appellate court concerning the requirements for service of the petition in corporate dissolution proceedings. …
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10 Ways to Screw Up Your Business Divorce Case
By Peter Mahler on
Rules of procedure can be a minefield for any litigation, including judicial dissolution proceedings. This week’s New York Business Divorce features a compilation of 10 of the most common procedural mistakes in business divorce cases. …
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A Potpourri of Procedural Issues in Dissolution Cases
By Peter Mahler on
Posted in Dissolution Procedure
Disputes over procedural issues are no less common in dissolution proceedings — and with consequences no less important — than in other types of civil litigation. This week’s New York Business Divorce samples a number of recent court decisions highlighting an array of procedural issues that come up in dissolution cases.…
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Gaming the Venue Game in Dissolution Cases
By Peter Mahler on
Posted in Dissolution Procedure
A recent decision by Justice Timothy S. Driscoll in Matter of Yahudaii dealt with a dissolution petitioner’s attempt to pursue his case in another county by amending the certificate of incorporation. Did it work? Find out in this week’s New York Business Divorce.…
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Court Chooses Voluntary Dismissal Over Buy-Out in Two-Year Dissolution Case
By Peter Mahler on
Posted in Buyout, Dissolution Procedure
A decision last month by Albany Justice Richard Platkin in Matter of Ryan (Integra Networks, Inc.) opted in favor of the petitioners’ request to voluntarily discontinue their corporate dissolution proceeding over the respondents’ request for leave to make an untimely buy-out election. Find out why in this week’s New York Business Divorce. …
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Judicial Muddle Persists Over Power to Dissolve Foreign Entities
By Peter Mahler on
Do New York courts have authority to hear suits for judicial dissolution of New York-based foreign business entities? This week’s New York Business Divorce discusses a recent decision by Justice Anil C. Singh in Holdrum, N.V. v. Edelman, which highlights a split of appellate authority on the issue.…
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