Kimelstein

Unclean Hands Defense Defeats Petitioner’s Shareholder Status in Corporate Dissolution Suit

By Peter A. Mahler on July 2, 2012

Posted in Dissolution Defenses, Family-Owned Businesses, Standing

The doctrine of “unclean hands” played a decisive role in a recent decision by Justice Emily Pines in Kimelstein v. Kimelstein, in which the court dismissed a dissolution petition brought by someone who admitted that he never formalized his stock interest to keep it hidden from his ex-wives and the government. It’s in this week’s New York Business Divorce.
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A Toxic Mix of Family and Business

By Peter A. Mahler on January 30, 2012

Posted in Derivative Actions, Dissolution Defenses, Family-Owned Businesses, Grounds for Dissolution, Interim Remedies, Partnerships, Receivership, Standing

Dissension between members of a family-owned business can present especially difficult issues when litigation erupts. This week’s New York Business Divorce highlights recent decisions by Justices Timothy Driscoll (Nassau County), Emily Pines (Suffolk County) and Deborah Kaplan (Manhattan) involving dissolution and related claims among warring family members.
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