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.
Continue Reading Common-Law Dissolution Hits Speed Bumps in Recent Decisions
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.
Continue Reading Summer Shorts: Director Removal and Other Recent Decisions of Interest
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.
Continue Reading 10 Ways to Screw Up Your Business Divorce Case
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.
Continue Reading Gaming the Venue Game in Dissolution Cases
This week’s New York Business Divorce offers short summaries of three recent cases involving shareholder disputes. Two of them address procedural issues concerning venue and the court’s post-settlement enforcement power, and the third, well, you’ll just have to read it for yourself.
Continue Reading Venue, Menu and Hebrew: Short Takes on Three Dissolution Cases
The issue of venue rarely is contested in corporate dissolution cases thanks to special venue provisions in the Business Corporation Law and the LLC Law that require the case to be filed in the judicial district listed in the organizational documents filed with the Secretary of State. This week’s New York Business Divorce reports on a rare exception which reached the Appellate Division, Third Department, in Matter of Supplier Distribution Concepts, Inc.
Continue Reading Vying Over Venue in Corporate Dissolution Proceedings