• The effective date of an LLC member’s expulsion may be a critical issue in business divorce litigation and may be tied to critical events or the litigation.
• Courts will look at the facts and circumstances of the case before determining

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• An arbitration award entered in a dispute between two parties over the alleged issuance of shares in a financing transaction was vacated by a court because of the arbitrator’s failure to issue the written award on time.

In the Matter…

• In a business divorce case alleging the fraudulent acquisition of shares, once the defendant  established the existence of a release, plaintiff must prove it is invalid.
• A claim of a fiduciary relationship does not relieve plaintiff of proving that he

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A an ordinary contract, even between close friends, does not create a fiduciary relationship from which a court will find an equity interest.

Dominic Thomas Karipaparambil, Plaintiff-Appellant, v Robert Michael Polus et al., Defendants-Respondents. Judgment, Supreme Court, New York County…

• In a dispute among general partners, a single verbal threat against spouse of one of the partners does not create a claim for intentional infliction of emotional distress.

CHERYL E. CHAMBERS, J.P. SYLVIA O. HINDS-RADIX COLLEEN D. DUFFY ANGELA G.…

• Dissolution is denied when purpose of limited liability company did not include a member’s participation in management, and petition for dissolution is dismissed.
• The standard for dissolution of a limited liability company in New York is more stringent than that

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• An agreement prohibiting a former associate of a law firm from competing with his former employer within 90 miles of New York City was void and unenforceable.
• Solicitation of the clients of a law firm by a former associate may

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