By: Jonathan H. Freiberger In today’s BLOG article, we again discuss summary judgment in lieu of complaint pursuant to CPLR 3213,[1] which provides, in relevant part: When an action is …
By: Jeffrey M. Haber In New York, foreign business entities – e.g., corporations, limited liability companies, and partnerships authorized to do business in another jurisdiction or country – are required …
By: Jeffrey M. Haber In any contract dispute, “it is necessary to consider the language in the contract, for that is what controls the parties’ rights and responsibilities.”[1] For this reason, …
By: Jeffrey M. Haber In Kober v. Nestampower, 2025 N.Y. Slip Op. 06609 (2d Dept. Nov. 26, 2025), the Appellate Division, Second Department, decided an appeal involving disputes over membership interests …
By: Jeffrey M. Haber Under New York’s Limited Liability Company Law (“LLCL”) § 702, a court “may decree dissolution of a limited liability company whenever it is not reasonably practicable to …
By: Jeffrey M. Haber Today, we consider Tahari v. 860 Fifth Ave. Corp., 2025 N.Y. Slip Op. 05584 (1st Dept. Oct. 9, 2025) (here), an apparent case of first impression in …
By: Jeffrey M. Haber In Celauro v. Celauro, 2025 N.Y. Slip Op. 04870 (Sept. 10, 2025) (here), a minority shareholder of a family-owned business alleged that company executives operated an illicit …
By: Jeffrey M. Haber In New York, as in most jurisdictions, statutes of limitation serve as a cutoff point for initiating legal action. These statutes define the time frame within which …
By: Jeffrey M. Haber In BLDG 44 Developers LLC v. Pace Companies N.Y., LLC, 2025 N.Y. Slip Op 32881(U) (Sup. Ct., N.Y. County July 25, 2025) (here), BLDG 44 Developers LLC …
By: Jeffrey M. Haber Under New York law, an action based upon fraud must be commenced within six years of the date the cause of action accrued, or within two …
