It is not uncommon in the restaurant business for a restauranteur to partner with a silent-partner investor, i.e. the money guy. It’s not uncommon for the restaurant partners to fight over the control of the restaurant....more
Spring is soon upon us. March Madness is at our doorstep. The Formula 1 season is underway. Baseball season will be in full swing shortly. And my allergies are already in bloom....more
3/17/2025
/ Arbitration ,
Business Disputes ,
Business Divorce ,
Business Litigation ,
Buy-Sell Agreements ,
Corporate Governance ,
Dispute Resolution ,
Fiduciary Duty ,
Limited Liability Company (LLC) ,
Shareholder Litigation ,
Shareholders' Agreements
Join me if you know this refrain: In New York, deadlock is not an independent ground for LLC dissolution.
But…
Almost exactly two years ago from today, Peter Mahler published a post titled: “Has the Time Come for...more
Evidence of ownership. Necessary in business divorce. Not always so easy to prove. Today’s case— Xiaoyan Lu v Sagewood SFF III LLC, 2024 NY Slip Op 05895 (1st Dept 2024)—gives an example of how far (or not) the doctrines of...more
About 40 years ago, a son and his mother first teamed up to invest in purchasing and managing over a dozen buildings in New York through 4 co-owned entities, each owned on a 50/50 basis. Fast forward several decades and the...more
6/24/2024
/ Appraisal ,
Bench Trial ,
Business Litigation ,
Business Valuations ,
Co-Ownership ,
Fair Valuation ,
Family Businesses ,
Limited Liability Company (LLC) ,
Loans ,
Property Valuation ,
Real Estate Holding Companies
Posts about limited partnerships on this blog are far eclipsed by discussions on just about any other form of business entity because, as we’ve noted in the past, limited partnerships are generally on the decline....more
As readers of this blog are aware the CPLR 3213 motion for summary judgment in lieu of complaint can be a powerful tool to secure an expedited judgment, “meld[ing] pleading and motion practice into one step, allowing a...more
What can you do when the parties you are suing are effectively judgment-proof? Oftentimes, plaintiffs will try to go after a defendant’s family member or related entity. ...more
1/7/2022
/ Breach of Contract ,
Breach of Duty ,
Business Disputes ,
Business Litigation ,
Commercial Court ,
Constructive Trusts ,
Family Members ,
Fiduciary Duty ,
Fraud ,
Fraudulent Conveyance ,
Motion to Dismiss ,
Statute of Limitations ,
Unjust Enrichment
As we all are acutely aware, during the last 21+ months, the normally slow-to-change practice of law has been thrust into overdrive, forcing lawyers and courts to quickly pivot from a largely in-person practice to virtual....more
In recent news out of the world of Formula 1 racing, a tight battle between seven-time World Champion, Lewis Hamilton, and rival, Max Verstappen, came to a head at the first lap of the British Grand Prix at Silverstone. In...more