Monthly Archives: February 2016

Matter of Digeser v Flach, Index No. 2382/2013, 11/05/15 (Richard, J.)

Motion for judicial dissolution of corporations; BCL § 1104-a; defenses of bad faith, unclean hands and equitable estoppel By: Samantha Yu | Staff Writer Gould Erectors & Rigging, Inc. (“Gould”), a domestic business commercial construction corporation, was wholly owned in … Continue reading

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Matter of Allied Healthcare Shareholder Litig., Index No. 652188/2011, 10/23/15 (Ramos, J.)

Shareholders’ Derivative Action; Settlement; Fiduciary Duty; Breach By: Yan Borodanski | Staff Writer Plaintiffs were shareholders of common stock of the three defendant-companies. Plaintiffs filed class action derivative suits against defendants to prevent defendants from merging with one another. Plaintiffs … Continue reading

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Judge Judith S. Kaye: Mother of Justice

Judge Judith S. Kaye: Mother of Justice[1] By: Andrea Bonilla | Senior Staff Writer On January 6, 2016, Judge Judith Smith Kaye passed away leaving behind a remarkable legacy. Judge Kaye was the first woman named to the highest court … Continue reading

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Alksom Realty LLC v Baranik, Index No. 511287/2014, 06/09/15 (Demarest, J.)

Contract; breach; fiduciary duty; breach; fraudulent concealment; intentional misrepresentation; unjust enrichment; fraudulent inducement; accountant malpractice; negligence; gross negligence; CPLR §3211(a)(1); CPLR §214(6). By: Yan Borodanski | Staff Writer Plaintiff was the manager and part owner of Alkson Realty Company LLC … Continue reading

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Ehrenkranz v 58 MHR, LLC, 2015 NY Slip Op 50859(U), 5/27/2015 (Pines, J.)

Motion to dismiss; conversion; unjust enrichment; fraudulent conveyances By: Toshia Smith | Staff Writer Plaintiffs are property owners. Defendants contracted with plaintiffs for the construction of their residence. Third-party plaintiffs are plaintiffs’ former law firm. Plaintiffs sued defendants for allegedly … Continue reading

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Duran v. Bautista, Index No. 654261/2012, 4/7/15 (Ramos, C.)

Failure to join a necessary party; CPLR 1001(b) By: John-Paul Yezzo | Senior Staff Writer  Ferdinand Marcos (“Marcos”) served as president of the Republic of Philippines (“the Republic”) until he was removed from power in 1986. Throughout his tenure, Marcos committed … Continue reading

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Matter of Medical Action Indus. Inc. Shareholders Litig., Index No. 25075/2015 (Pines, J.)

Class action; Merger; Settlement Stipulations By Christina Nguyen | Staff Writer This application for attorneys’ fees derived from a putative class action based upon a completed merger between plaintiff shareholders and defendants, Medical Action Industries Inc. (“MAI”) and Owens & … Continue reading

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