Partners in Name Only?
- May 10 2021
Business relationships come in all forms. People can be shareholders of a corporation, joint venturers and partners. Sometimes, as in Capizzi v. Brown Chiari LLP, 2021 N.Y. Slip Op. 02956 …
Category: Business Disputes.
Equitable Claim Found To Be Arbitrable Under Agreement To Arbitrate
- Oct 7 2020
Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral, private person will resolve any legal disputes between them, instead of a judge or …
Under New York and Federal Law, Appraisal Agreements Are Enforced as If They Were Arbitration Agreements
- May 13 2020
An appraisal is the valuation of property, such as a business, stock in a private company, real estate, collectibles, antiques, or other valuables, by an authorized (and neutral) person. Appraisals …
Court Decides When A Contractual Relationship is the Equivalent of a Partnership
- Nov 20 2019
A partnership is an association of two or more persons to carry on as co-owners of a business for profit. Partnership Law § 10(1). Typically, a partnership is memorialized in …
Who Decides Whether A Binding Agreement to Arbitrate Exists? First Department Tackles This Threshold Question
- Nov 16 2019
Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral, private person will resolve any legal disputes between them, instead of a judge or …
Court Finds No Fiduciary Duty Arising From Contractual Relationship Between Sophisticated Parties
- Sep 13 2019
It is well settled that when an agreement is clear and unambiguous, the parties’ rights are to be governed exclusively by that agreement and the courts are to give the …
Court Dismisses Fraud Counterclaim as Being Duplicative of Contract Claim
- May 3 2019
In Siwiec v. United Rest. Group Inc., 2019 N.Y. Slip Op. 31152(U) (Sup. Ct. Kings County Apr. 11, 2019) (here), the Court reminds litigants that if they want to bring …
Court Holds that Motion to Compel Arbitration Cannot be Made Until the Non-Movant Initiates Litigation
- Nov 5 2018
Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral, private person will resolve any legal disputes between them, instead of a judge or …
Understanding the Pros and Cons of Alternative Dispute Resolution for Businesses
- Feb 2 2018
Alternative dispute resolution (“ADR”) has been gaining momentum as an alternative to litigation over the past decade. Most major corporations insist on it, in one form or another, in every …
WEARING TOO MANY HATS CAUSES REAL ESTATE BROKER TO LOSE A SIGNIFICANT COMMISSION
- Jan 29 2018
In P. Zaccaro, Co., Inc., et al. v. DHA Capital, LLC, et al. (1st Dep’t January 25, 2018), the First Department affirmed the dismissal of plaintiffs’ action seeking a significant …
