Monthly Archives: February 2015

Posted: February 27, 2015

Acquiror of Corporate Assets Liable for Corporation’s Torts Under De Facto Merger Doctrine

On December 22, 2014, Justice Walker of the 8th Judicial District Commercial Division issued a decision in Precision Process, Inc. v. Smith, 2014 NY Slip Op. 33460(U), holding that the acquiror of a corporation’s assets was liable for the corporation’s debts under the de facto merger doctrine. In Precision Process, the court granted the plaintiff… Posted in Commercial, Judgment and Collection, Veil-piercing

Posted: February 25, 2015

Court of Appeals Holds that Qualified Litigation Privilege Applies to Pre-Litigation Statements

On February 24, 2015, the Court of Appeals issued a decision in Front, Inc. v. Khalil, 2015 NY Slip Op. 01554, holding that statements made by attorneys prior to the commencement of litigation are protected by a qualified privilege if the statements are pertinent to a good-faith anticipated litigation. In Front, Inc., counsel for plaintiff… Read more »

Posted: February 23, 2015

Civil Contempt Granted For Use of Company Funds to Pay Attorney Fees in a Dissolution Proceeding

On February 5, 2015, Justice Kitzes of the Queens County Commercial Division issued a ruling in Nissim Kassab v. Avraham Kassab et al. granting a motion for civil contempt. Kassab, a hybrid special proceeding and action, concerns an LLC (“Mall”) and a corporation (“Corner”) which own adjoining properties and are both owned 25% by Nissim… Read more »

Posted: February 22, 2015

Martin Act Applies to Claims About Trading Venue as Well as Securities Traded in that Venue

On February 13, 2015, Justice Kornreich of the New York County Commercial division issued a decision in People v. Barclays Capital Inc., 2015 NY Slip Op. 25043, discussing the standard for a Martin Act claim. In Barclays Capital, the New York Attorney General brought a Martin Act claim against the defendant relating to “allegedly false… Read more »