Monthly Archives: January 2018

Assignment of Contract Rights; Third-Party Claims; Integration; Summary Judgment By: Christine A. Kowlessar | Staff Writer Plaintiff, a trading company, invested all its assets with a corporation that later collapsed. In its liquidation settlement with the corporation’s trustee, Plaintiff’s claim … Continue reading →

Buyout Provisions; Cause Call Options; Breach of Contract; Fiduciary Duties By: Kayla Kuzniewski | Staff Writer Plaintiff purchased a majority interest in Defendant’s dental business. Plaintiff bought Defendant out after learning Defendant manipulated Plaintiff and its employees to ensure that … Continue reading →

Partial Summary Judgment; CPLR 3212; Guarantee Agreement; Breach of Guarantees; Default of Obligation; Reinvestment By: Christina Falco | Staff Writer Defendants executed a Note Purchase Agreement (“Note Agreement”). Prior to execution, Mazzola, DiSanluciano, and Barkow (collectively, the Guarantors) each executed … Continue reading →

Dilution; Voting Rights; Fiduciary Duty; Leave to Amend; Petition; Dissolution; Renew; Cross Motion; Leave to Discontinue By: George Beck | Staff Writer In a prior matter, Plaintiff shareholder sought dissolution of Defendant’s corporation under BCL 1104(a), alleging breach of contract, … Continue reading →

Motion to Dismiss; Fraud; Breach of Contract; RMBS monoline insurance litigation By: Richie DeMarco | Staff Writer Plaintiff issued an insurance policy guaranteeing payments on certain certificates in a residential mortgage-backed securitization (“RMBS”) transaction (“Transaction”).