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 New York, litigants often grapple with the appropriate limitation period to apply to breach of fiduciary claims. There is no single statute of limitations that the …
By: Jeffrey M. Haber It has long been the law that the business judgment rule applies to the decisions made by boards of directors of residential cooperatives and condominiums.[1] “The …
By: Jeffrey M. Haber An investment adviser is a fiduciary, and as such is held to the highest standard of conduct and must act in the best interest of his/her …
In Benjamin v. Yeroushalmi, 2019 N.Y. Slip Op. 08647 (2d Dept. Dec. 4, 2019) (here), the Appellate Division, Second Department considered an appeal involving an action to recover damages for …
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 …
Readers of this Blog know that, as a general matter, New York courts will not permit a tort claim to survive a motion to dismiss when the claim arises from …
There is almost nothing more frustrating, or potentially costlier, to a business than a dispute over the meaning of a contract. Such disputes can take many forms. It may be …
Distinguishing between direct and derivative claims is not easy. Sometimes, the difficulty arises because of the entity involved. For example, in the LLC context, there are fiduciary relationships (e.g., managing …
