Monthly Archives: March 2016

Posted: March 30, 2016

LLC Member Costs in Defending Dissolution Proceeding Not Payable With LLC Funds

On March 23, 2016, the Second Department issued three decisions in Matter of Kassab v Kasab: 2016 NY Slip Op. 02089, 02090 and 02091, discussing LLC dissolution, including whether an LLC member can use LLC funds to defend a dissolution action. In 2016 NY Slip Op. 02089 and 02090, the Second Department affirmed the dismissal… Read more »

Posted: March 29, 2016

Six-Year Statute of Limitations Applies to Breach of Fiduciary Duty Claims Sounding in Fraud

On March 15, 2016, the First Department issued a decision in Cusimano v. Schnurr, 2016 NY Slip Op. 01758, holding that a claim for breach of fiduciary duty based on fraud has a six-year statute of limitations, explaining: Contrary to the motion court’s conclusion, we find that a six-year statute of limitations applies to the… Read more »

Posted: March 28, 2016

Judiciary Law Section 487 Claim Should Be Brought in Action Where Alleged Misconduct Occurred

On March 15, 2016, the First Department issued a decision in Little Rest Twelve, Inc. v. Zajic, 2016 NY Slip Op. 01767, dismissing a Judiciary Law Section 487 claim because, among other things, it should not have been brought in a separate action, explaining: In support of the claim alleging a violation of Judiciary Law… Read more »

Posted: March 27, 2016

Plaintiff May Seek Specific Performance Requiring Defendant to Cooperate in Obtaining Permits

On March 17, 2016, Justice Oing of the New York County Commercial Division issued a decision in Little Cherry, LLC v. Two Bridges Housing Development Fund Co., 2016 NY Slip Op. 30435(U), holding that a plaintiff could seek an order requiring specific performance of contractual obligations to cooperate in obtaining regulatory approvals. In Little Cherry,… Read more »

Posted: March 25, 2016

Court Awards Attorneys’ Fees Based on Unaccepted CPLR 3220 Offer to Liquidate Damages

On March 9, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in Saul v. Cahan, 2016 NY Slip Op. 50295(U), awarding attorneys’ fees based on an unaccepted CPLR 3220 offer to liquidate damages. In Saul, the defendant’s counsel served an offer to liquidated damages on the plaintiff’s counsel. Plaintiff did not… Read more »