In 2024, the New York Legislature enacted Real Property Law (“RPL”) § 424, which codified New York’s public policy in favor of transfer-on-death deeds that provide for real property to pass to beneficiaries named therein upon property owners’ deaths (
Latest from Farrell Fritz, P.C. - Page 7
Liquidated Damages or Unenforceable Penalty?
This one hurts to write about (from a trial lawyer’s perspective). Imagine this:
- Your client sues his former business partners for breach of a non-compete.
- You go to trial on behalf of your client, and win a hard fought victory:
Liquidated Damages or Unenforceable Penalty?
This one hurts to write about (from a trial lawyer’s perspective). Imagine this:
- Your client sues his former business partners for breach of a non-compete.
- You go to trial on behalf of your client, and win a hard fought victory:
Can Majority-Authorized Action Still Breach Fiduciary Duty?
Some NYBD posts have staying power. Of the hundreds of posts on this site, my practice brings me back, over and over again, to a handful of familiar favorites. This 2018 post from Peter Mahler is one to which I
Can Majority-Authorized Action Still Breach Fiduciary Duty?
When an LLC operating agreement permits action upon majority consent, can a minority member nonetheless challenge that action as a breach of the majority’s fiduciary duties? The Fourth Department weighs in.
It’s War! Chef’s Table at Brooklyn Fare
Is it the egos? The profits? The risk? The stress? The often poorly-done contracts? Some combination of all of the above? Hard to say, but real estate owners, law partners, and restaurateurs account for an oversized share of New York
It’s War! Chef’s Table at Brooklyn Fare
Chef’s Table at Brooklyn Fare. It’s not just fining dining. It’s litigation warfare.
First Department Upholds Minority’s Unilateral Termination of Majority-Appointed CEO Over Majority’s Objections
Can a three-person minority outvote a four-person majority to oust the majority-appointed, longtime CEO of a profitable company (who also happens to be the founder of the company) in a vote requiring supermajority approval?The math ain’t mathing, you may be
First Department Upholds Minority’s Unilateral Termination of Majority-Appointed CEO Over Majority’s Objections
Can a three-person minority outvote a four-person majority to oust the majority-appointed, longtime CEO of a profitable company (who also happens to be the founder of the company) in a vote requiring supermajority approval?
The math ain’t mathing, you may
Patiently Waiting for Proper Service: Commercial Division’s Latest Word on Service and Default Judgment Practice
When seeking a default judgment, parties often assume that an unanswered complaint puts them in the driver’s seat for a quick and early victory. But as practitioners in the Commercial Division are well aware, courts retain discretion to deny a