6 min read
The Evidenceless Petition to Dissolve
It’s hard not to feel sorry for the petitioner in Fernandes v Matrix Model Staffing, Inc., Decision and Order, Index No. 160294/2021 [Sup Ct, NY
Tag : Dissolution Defenses
6 min read
7 min read
Anti-Dissolution Provisions and Public Policy
In Congel v Malfitano, New York’s highest court wrote that business partners are free to include in partnership contracts practically “any
6 min read
Holes in Shotgun Buy-Sell Agreement Keep Deadlock Dissolution Petition Alive
Under both New York and Delaware law, members of an LLC may petition for judicial dissolution on the grounds that the management is so hopelessly
6 min read
Court Rejects Oppressed Shareholder’s Bid for Dissolution or Buy-Out, Finds Money Damages Sufficient
A minority shareholder petitioning for dissolution under BCL § 1104-a must establish, by a preponderance of the evidence, that the majority
5 min read
Resignation: Antidote for Internal Dissention and Deadlock?
There are countless New York corporations in which the owners are equal 50 / 50 shareholders and co-members of a two-member board. Where one sues the
5 min read
Court Looks to Partnership Law in Ruling Against Petitioner’s Status as LLC Member
What makes someone a member of an LLC? It’s a question that frequently arises in business divorce cases involving LLCs that have no written
7 min read
Siblings Battle Over Spoils from Sale of Family-Owned Business
Normally you don’t associate the lucrative sale of a closely held business with bitter disputes among the co-owners leading to judicial
4 min read
Third Time’s Not a Charm in LLC Dissolution Case
As it approaches its sixth anniversary with little sign of letting up, the highly contentious litigation between brothers and business partners