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Spring is soon upon us. March Madness is at our doorstep. The Formula 1 season is underway. Baseball season will be in full swing shortly. And my allergies are already in bloom.

The conventional path to a fair value appraisal proceeding under Section 623 of the Business Corporation Law (the "BCL") involves deliberate invocation of the statute by the business entity, the dissenting owner, or both.

Last year, the New York Legislature (the "Legislature") enacted, and Governor Kathy Hochul signed, into law several pieces of legislation that are likely to significantly impact trusts...

When a petitioner offers a will for probate, and the propounded instrument's validity is contested, objectants oftentimes raise undue influence as an objection to the admission of the will to probate.

Join me if you know this refrain: In New York, deadlock is not an independent ground for LLC dissolution.

I recently had the privilege of speaking to an audience of judges of the New York Supreme Court Commercial Division at Fordham Law School's...

Welcome to our 18th annual edition of the Top 10 business divorce cases featured on this blog over the past year.

As winter has left its mark over the past three months, so, too, did the Court of Appeals and the Surrogate's Courts throughout the state, as they examined important...

For the third consecutive year, this column features an important appellate decision—this time by the First Department—rejecting treatment of an estate fiduciary...

How often do hopeful beneficiaries of a last will and testament expect to receive what they think will be a valuable bequest of a business interest, only to find their joy turn to despair...

Now, the general rule is that strict compliance with contractual conditions precedent is required. The New York Court of Appeals has previously held: "Express conditions must be literally performed...

Pre-answer motions to dismiss for untimeliness are exceptionally common in business divorce litigation. Statute of limitations analysis can be deceptively simple...

Four sisters. One house. Who owns it? Today's case delves into a thorny situation many closely-held family businesses struggle with—proving ownership.

As the summer days come to an end, and Fall fast approaches, the Appellate and Surrogate's Courts have been busy at work issuing the following decisions of interest impacting the field of trusts and estates.

Not long ago, we wrote about the vital need for strict compliance with contractual options to buy or sell closely-held business equity interests.

Here in New York, we're about to say goodbye to a winter season like we haven't seen in many years: prolonged, bitter cold; several prodigious snowfalls; and iced-over ponds.

When an aggrieved party feels his or her back against the wall, there is a strong temptation to assert every claim under the sun against the adversary.