Last year, I wrote a post about the presumption of revocation that oftentimes applies to lost wills. Based upon Matter of Pinnola, a recent decision from Nassau County Surrogate David P. Sullivan, I now write to provide an update
Farrell Fritz, P.C. Blogs
Latest from Farrell Fritz, P.C.
Profitable Enough to Survive: A Healthy Rent Roll Beats Two Attempts at Dissolution
Imagine this: Your husband dies in 2016. He leaves behind an unpaid judgment owed to a Florida creditor, one that will balloon past $1 million with interest, that the estate cannot afford to pay. He also leaves a 50% stake
Show Me the Money: New Commercial Division Rule 14-b Requires a Price Tag on Discovery Cost-Shifting Requests
As anyone who has spent time litigating in the Commercial Division knows, few fights are as expensive, time-consuming, or contentious as those concerning discovery.
The Commercial Division recently addressed issues relating to costly discovery disputes in the latest addition to
Greetings from the American Bar Association’s 2026 LLC Institute
Earlier this month, the American Bar Association’s Business Law Section held its annual LLC Institute at George Washington University Law School in Washington, D.C. Once again, I had the pleasure of joining a small and distinguished group of lawyers, judges,
High Stakes, Local Rules: State Preemption and Cannabis Zoning
On March 31, 2021, the State of New York signed into law the Marijuana Regulation and Taxation Act. In its Preamble, the statute notes, “it is in the best interest of the state to regulate medical cannabis, adult-use cannabis, cannabinoid
Phantom Income, Oppression, and Common-Law Dissolution
Does refusal to make tax distributions equal shareholder oppression? That’s the subject of this week’s New York Business Divorce.
Committed to What, Exactly? First Department Affirms $15 Million Backstop Fee in Financing Dispute
When sophisticated parties to a restructuring agreement provide that a fee is triggered if a debtor “raises, or “commits to raise” alternative financing, does the word “commits” require a binding contractual obligation or something less? The First Department addressed this
When the Earnout Melts Down: What the Igloo Earnout Dispute Teaches Buyers and Sellers
Earnouts are often described as a way to bridge a valuation gap. But they can just as easily turn into a bridge to the courthouse. The Delaware Court of Chancery’s September 30, 2026 post-trial opinion in ACON Igloo Holdings, LLC
Which Hat Was He Wearing? The Legal Significance of Corporate Capacity
Family business disputes can turn on a deceptively simple question: Can an owner exercise a contractual or statutory right in one capacity while allegedly violating obligations owed in another?
Taming “Forever Wild” for a Windfall: Extinguishing Restrictive Covenants Pursuant to the RPAPL
In Rockwell v Despart (87 Misc3d 233 [Sup Ct, Albany County 2025]), the trial court extinguished and declared unenforceable a restrictive covenant that the subject property remain “forever wild” in the loving memory of a decedent. The covenant was