A recent First Department ruling in Sansum v. Fioratti is one of the few reported instances in which the defense of unclean hands was successfully asserted to defeat on the merits a minority shareholder’s claim for corporate dissolution. Read this week’s New York Business Divorce to find out more.
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unclean hands
Unclean Hands Defense Defeats Petitioner’s Shareholder Status in Corporate Dissolution Suit
By Peter A. Mahler on
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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Continue Reading Unclean Hands Defense Defeats Petitioner’s Shareholder Status in Corporate Dissolution Suit
Contender to 50% Stock Interest Wins Decisive Round in Battle Over Nominee Agreement
By Peter A. Mahler on
Posted in Standing
The fascinating case of Yemini v. Goldberg, involving the enforceability of a Nominee Agreement between two 50% shareholders, makes its second appearance in this week’s New York Business Divorce on the occasion of a new decision in the case by Justice Stephen Bucaria.
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Continue Reading Contender to 50% Stock Interest Wins Decisive Round in Battle Over Nominee Agreement
“Unclean Hands” Defense Can Backfire in Deadlock Dissolution Case
By Peter A. Mahler on
The defense of “unclean hands” frequently is employed against petitions for involuntary corporate dissolution. A recent decision by Justice Stephen Bucaria, examined in this week’s New York Business Divorce, highlights the special considerations attendant to the defense in 50/50 deadlock dissolution cases, where the focus is less on fault and more on the existence of dissension.
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Continue Reading “Unclean Hands” Defense Can Backfire in Deadlock Dissolution Case
Anatomy of a Dissolution Slugfest: Part I
By Peter A. Mahler on
Posted in Dissolution Defenses, Standing
Read the initial installment of a series of postings about a high-stakes dissolution donnybrook involving a luxury car dealership.
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Continue Reading Anatomy of a Dissolution Slugfest: Part I