New York appellate case law invariably holds that a closely-held business owner lacks a direct property interest or right in the entity’s underlying real estate asset to support a Notice of Pendency. But in this week’s New York Business Divorce, we feature an uncommon motion court decision declining to vacate a Notice of Pendency placed by an LLC member upon the entity’s real estate asset to thwart the property’s sale to a third-party buyer. Is this recent decision an outlier, or the birth of an exception to the rule?
Bless This Mess: New York Court Shuts Down Attempted Early Ouster of Restauranteur From Managing His Own Restaurant
This week’s New York Business Divorce features a failed attempt at removing restaurant manager on a preliminary injunction motion.
I’ll Have a Bacon Cheeseburger, Hold the Pickle and LLC Dissolution
On the menu in this week’s New York Business Divorce is a case about a restaurant menu, literally, and the disputed changes to it made by a 50% member of the operating LLC.
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Fact Issues and Credibility Determinations on Injunction Motions
To what extent do sharply disputed issues of fact preclude injunctive relief in business divorce cases? Read about an illuminating decision from Albany County Commercial Division Justice Richard Platkin addressing this question in this week’s New York Business Divorce.
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Summer Shorts: LLC Dissolution and Other Recent Decisions of Interest
It’s that time of year again! This 12th annual edition of Summer Shorts presents brief commentary on five recent decisions of interest in business divorce cases in the New York courts.
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Stop the Vote: Injunction Halts Shareholders Meeting Pursuant to Courts’ Broad Power to Review Corporate Elections
In a decision of apparent first impression last month, Justice Nancy Bannon of the Manhattan Supreme Court issued an injunction against the holding of a corporate election under BCL § 619. Minority shareholders facing an anticipated election called by a rival majority would be wise to consider the roadmap to injunctive relief charted by the plaintiffs here.
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The Injunction Remedy in Business Divorce Cases
In this week’s New York Business Divorce, read about one of the most mighty and effective litigation tools for business divorce lawyers and their clients: the injunction.
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Gull Wing Takes Flight, Pleading Gets Stricken
Bad things happen when evidence gets spoliated, as an adversarial husband and wife learned the hard way in this week’s New York Business Divorce.
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LLC’s Post-Dissolution Receivership is On, is Off, is On
LLCs in receivership is our topic for the second week in a row. This week’s post looks at a dispute between 50/50 LLC members involving the on-again, off-again appointment of a post-dissolution receiver.
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Dissension Follows When Business Owners Don’t Put Their IP House in Order
Intellectual property rights can be the lifeblood of a business. This week’s New York Business Divorce highlights a pair of recent cases involving disputes among the co-owners of closely held firms over the ownership of IP critical to the firms’ prosperity or even existence.
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