In this week’s New York Business Divorce, read about a rare example of a judicial dissolution proceeding litigated in the Matrimonial Division of New York’s Supreme Court.
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Dissolution Procedure
The Evidenceless Petition to Dissolve
In this week’s New York Business Divorce, learn the tough lesson for the dissolution petitioner who states sufficient grounds to dissolve but fails to prove it with evidence accompanying the petition.
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This Is Not Your Father’s Brady Bunch
By Peter A. Mahler on
Father against son, half-brother against half-brother, are the players in a recent courtroom drama that unfolded in Matter of Brady v. Brady, culminating with an appellate panel’s affirmance of a lower court’s order dissolving a family-owned close corporation that owns extensive farm land in upstate New York. Find out more in this week’s New York Business Divorce.
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To Dissolve or Not to Dissolve, that is the Question. The Answer is Both.
By Franklin C. McRoberts on
Posted in Dissolution Basics, Dissolution Procedure
In this week’s New York Business Divorce, companion appellate decisions issued last week in the long running Kassab v Kasab litigation emphasize the fundamental legal differences between corporate and LLC dissolution, with allegations of majority “oppression” sufficient to grant dissolution in one case, but so insufficient as to require pre-answer dismissal in the other.
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Common-Law Dissolution Hits Speed Bumps in Recent Decisions
By Peter A. Mahler on
This week’s New York Business Divorce discusses a pair of recent decisions — one involving a close corporation, the other an LLC — in which the courts grappled with procedural and substantive issues involving claims for common-law dissolution.
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An Extreme Case of Petitioner’s Remorse
By Franklin C. McRoberts on
In this week’s New York Business Divorce, read about the hurdles one can face when attempting to change course after suing for, or stipulating to, dissolution. The lesson: when suing for dissolution, be prepared to see it through to the bitter end. …
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Summer Shorts: For-Cause Termination of LLC Member and Other Decisions of Interest
This 10th annual edition of Summer Shorts presents brief commentary on four recent decisions of interest in business divorce cases in the New York courts along with a recent decision by the Mississippi Supreme Court upholding an unusual freeze-out remedy.
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Business Divorce in the Surrogate’s Court
By Franklin C. McRoberts on
In this week’s New York Business Divorce, we consider an interesting question raised by the occasional overlap of two niche areas of law practice: the jurisdictional power of New York’s probate courts to resolve business divorce disputes.
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How Not to Start a Corporate Dissolution Proceeding
By Franklin C. McRoberts on
Posted in Dissolution Basics, Dissolution Procedure
In this week’s New York Business Divorce, a would-be dissolution petitioner just could not catch a break in a series of procedural losses emanating out of Bronx County Supreme Court. …
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Can an Arbitrator Order Extra-Judicial Dissolution?
By Franklin C. McRoberts on
Posted in Dissolution Basics, Dissolution Procedure
In this week’s New York Business Divorce, we consider the important but rarely litigated question of whether an arbitrator has the power to extra-judicially dissolve a New York business entity.
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