Under Rule 37 of the Rules of the Commercial Division, the court may order a remote deposition upon (1) consent of the parties, or upon (2) a motion showing good cause…
more
/ Civil Procedure, Commercial Law & Contracts
Much has been written about courts invalidating instruments or transactions after a person’s death. Courts invalidating instruments or transactions during a person’s lifetime is discussed less often. A mechanism for doing so is…
more
/ Family Law, Wills, Trusts, & Estate Planning
Imagine you’re a private equity firm. You buy a company, and you want to retain and incentivize key employees, so you give them some equity in the form of incentive units. You also want to prevent them from running off and…
more
/ Commercial Law & Contracts, Labor & Employment Law, Mergers & Acquisitions
It’s a fact that the great majority of multi-owner, closely held business entities are run by working owners. In many if not most instances the working owners realize the financial benefits of ownership primarily in the form of…
more
/ Business Organizations, Commercial Law & Contracts, Taxation
In a recent decision from the Manhattan County Commercial Division, Justice Margaret A. Chan addressed a confluence of corporate-governance, fiduciary-duty, and bankruptcy-stay issues in Ragab v. SHR Capital Partners LLC. The…
more
/ Bankruptcy, Business Organizations, Commercial Law & Contracts
Earlier this month, New York State Department of Taxation and Finance published a press release explaining what taxpayers should do when they receive a letter from the Tax Department. The press release outlined several important…
more
/ Taxation
This week’s New York Business Divorce takes us to the Garden State for a delightfully-written, post-trial decision by retired, recalled Appellate Division Judge Clarkson S. Fisher, Jr…
more
/ Business Organizations, Civil Remedies, Commercial Law & Contracts
Commercial loan documents are notoriously complex, packed with financial reporting requirements, compliance covenants, and collateral maintenance obligations. For practitioners seeking the expedited relief of CPLR 3213’s…
more
/ Civil Procedure, Commercial Law & Contracts, Finance & Banking
On March 27, 2025, Empire State Development, New York State’s chief economic development agency, announced the launch of the Long Island Forward Housing Program (LIFHP), a $10 million initiative designed to promote and…
more
/ Real Estate - Residential, Zoning, Planning & Land Use
In addition to blooming trees and longer days, spring in New York has ushered in a fresh crop of noteworthy decisions on intra-LLC disputes. Headliners include a boost to members’ rights to compel an accounting courtesy of the…
more
/ Business Organizations, Civil Remedies, Commercial Law & Contracts
On April 29, 2025, the Justice Robert R. Reed of the Commercial Division of the Supreme Court of New York County issued a significant ruling in ACM MCC VI LLC v. Able Liquidation Three, Thomas Rossi, et al., granting a default…
more
/ Business Torts, Civil Procedure, Commercial Law & Contracts
Over the years I’ve become less enamored with arbitration as an alternative to litigating complex business cases in court, mostly because the traditional trade-off between abundant due process protections (court) versus…
more
/ Alternative Dispute Resolution (ADR), Business Organizations, Civil Procedure, Commercial Law & Contracts
For most Towns and Cities throughout the State of New York, May 1st ushers in new assessment rolls and equalized market values for commercial and residential properties. As detailed in an earlier tax tracker (see: Assessment…
more
/ Real Estate - Commercial, Real Estate - Residential, Taxation
On April 23, 2025, Matt Donovan and Viktoriya Liberchuk moderated a panel featuring Westchester Commercial Division Justices Linda S. Jamieson and Gretchen Walsh. The “town-hall” event covered a wide range of topics, including…
more
/ Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts
A recent US Tax Court case (WT Art P’ship LP v. Commissioner, T.C. Memo. 2025-30) illustrates how failing to comply with the technical requirements for substantiating the value of charitable contributions can jeopardize a…
more
/ Nonprofit Law, Taxation
