Farrell Fritz, P.C.

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Latest from Farrell Fritz, P.C.

New York Business Divorce

Trouble Down on the Farm: The Importance of Using Experienced Counsel When Forming an LLC

By Peter Mahler on June 17, 2019

It’s commonly said there are three things that matter with real estate: location, location, location. Likewise, three things matter when choosing a lawyer to set up a limited liability company: experience, experience, experience. Tom Rutledge’s terrific blog, Kentucky Business Entity Law, last week highlighted a case in which the admitted inexperience of the lawyer who organized an LLC ultimately proved fatal to its existence and to a farming operation owned by the same family for four generations over 100 years. It’s a sobering lesson…

Long Island Land Use and Zoning

Trim Those Trees: Seventy-Year-Old Restrictive Covenant Requires Property Owner To Trim Its Trees To Enhance The View Of Adjoining Property Owner

By Charlotte Biblow on June 17, 2019

A recent case from the Third Department, Shea v. Signal Hill Road LLC, involved a dispute about untrimmed trees that blocked the view of the adjoining property owner to Lake Placid and the surrounding mountains. The trial court sided with the adjoining property owner, finding that the restrictive covenant contained in the deeds was enforceable, requiring the trees to be cut back, a ruling that was affirmed by the Third Department. The Third Department’s…

Tax Law for the Closely Held Business

“Checking the Box” – For a Pass-through Entity In Bankruptcy?

By Lou Vlahos on June 10, 2019

Tax and bankruptcy: “Can two divorced men share an apartment without driving each other crazy”[i] or “Two great tastes that taste great together”?[ii] For years I have told my partners that there are two kinds of “codes”: those with an upper case “C”, like the Ten Commandments and the Internal Revenue Code, and those with a lower case “c”, like the bankruptcy code.[iii] There are times, however, when the veil that separates…

New York Business Divorce

Can an Arbitrator Order Extra-Judicial Dissolution?

By Franklin C. McRoberts on June 10, 2019

Often business owners enter into arbitration agreements because they hope it will result in a speedier, less expensive resolution than litigation to disputes with their co-owners. Arbitration agreements often achieve that result. But sometimes, epic disputes arise over the scope of arbitration agreements and the power of arbitrators to decide controversies under them. In Matter of Capital Enters. Co. v Dworman, 2019 NY Slip Op 04494 [1st Dept June 6, 2019], a Manhattan appeals…

New York Commercial Division Practice

Court Has Mercy, Allows Untimely Proof of Service

By Joshua Herman on June 10, 2019

In law, as in life, mistakes happen. Some are irreparable: Statute of repose expired? Too much denim? In these circumstances, the law affords the court no discretion for mercy. Other errors, however, must be forgiven. In a recent decision, Commercial Division Justice Andrew Borrok held that plaintiff’s inadvertent failure to file proof of substitute service within twenty days was a mere “procedural irregularity” that could be corrected. In Furuya v. Parry (Index No.…

Long Island Land Use and Zoning

Doctrine of Laches Bars Neighbor’s Challenge to Development

By Kyle Gruder on June 10, 2019

A recent Second Department decision applying the doctrine of laches highlights the importance of taking prompt action against a property owner who may be acting in violation of a zoning or building code. The dispute in Kverel v. Silverman arose when the defendant contracted to purchase an undeveloped parcel of land (the “Premises”) in the Town of Southampton (the “Town”) from a non-party seller. The plaintiffs owned the residence adjacent to the Premises. After the defendant was issued a building permit for the construction of a single-family…

New York Health Law

Second Circuit Holds Case Challenging Marijuana Classification As Schedule I Drug In Abeyance Pending Agency Exhaustion

By Kevin P. Mulry on June 3, 2019

Last week, in Washington v. Barr, the Second Circuit addressed a case seeking to strike down the federal government’s classification of marijuana as a Schedule I drug under the Controlled Substances Act (CSA). The Court held that plaintiffs had failed to exhaust their administrative remedies before the Drug Enforcement Administration (DEA). Rather than dismissing the case, however, the Court took the unusual step of holding the case in abeyance and retaining jurisdiction to take…

Federal Government Civil Litigation

Second Circuit Holds Case Challenging Marijuana Classification As Schedule I Drug In Abeyance Pending Agency Exhaustion

By Kevin P. Mulry on June 3, 2019

Tax Law for the Closely Held Business

Stock Sales and Employee-Minority Shareholders: What Does It Take to Make a Deal?

By Lou Vlahos on June 3, 2019

If you’ve been representing closely held businesses long enough, then the “conversation transcribed” below should sound familiar to you. I have had several versions of this exchange in the last few months.[i] The common theme? The risk that the IRS may not accept one or more steps in the transaction at their “face value,” and that it may seek to give tax effect to the larger transaction (of which these steps are a part)…

New York Business Divorce

Who Gets to Play the Bankruptcy Card Under Your LLC Agreement?

By Peter Mahler on June 3, 2019

If you’re a member of a multi-member LLC, and especially if it’s manager-managed, here’s a reason you might want to check under the hood of your LLC agreement: if the business goes belly up amidst squabbling or worse among the members and managers, to whom does the LLC agreement give authority to file for bankruptcy? The members? The managers? A majority of the managers or just one? These are not just theoretical questions, having been the focus of…

Farrell Fritz, P.C.

Farrell Fritz, P.C. Blogs

Blog Authors

Trouble Down on the Farm: The Importance of Using Experienced Counsel When Forming an LLC

Trim Those Trees: Seventy-Year-Old Restrictive Covenant Requires Property Owner To Trim Its Trees To Enhance The View Of Adjoining Property Owner

“Checking the Box” – For a Pass-through Entity In Bankruptcy?

Can an Arbitrator Order Extra-Judicial Dissolution?

Court Has Mercy, Allows Untimely Proof of Service

Doctrine of Laches Bars Neighbor’s Challenge to Development

Second Circuit Holds Case Challenging Marijuana Classification As Schedule I Drug In Abeyance Pending Agency Exhaustion

Second Circuit Holds Case Challenging Marijuana Classification As Schedule I Drug In Abeyance Pending Agency Exhaustion

Stock Sales and Employee-Minority Shareholders: What Does It Take to Make a Deal?

Who Gets to Play the Bankruptcy Card Under Your LLC Agreement?

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