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  • Article

    Swing Of The Pendulum: A Tale Of Two "For Cause" Removals

    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...
    United StatesCorporate/Commercial Law
    Farrell Fritz, P.C.
    Farrell Fritz, P.C.
  • Article

    A Money Judgment By Any Other Name Is Still Not Rescission: First Department Rejects Last-Ditch Intervention Gambit In LLC Membership Dispute

    On the surface, today’s case—Bapaz NYC West St Group LLC v. Assa Properties Inc., 2026 NY Slip Op 03061 (1st Dept May 14, 2026)—appears to address a simple legal question: whether a non-party co-purchaser...
    United StatesCorporate/Commercial Law
    Farrell Fritz, P.C.
    Farrell Fritz, P.C.
  • Article

    But, IS Loss Sharing An "Indispensable Element" Of Partnership? Not If You Contract Around It.

    A new year offers a new opportunity to shed the old and embrace the new.
    United StatesCorporate/Commercial Law
    Farrell Fritz, P.C.
    Farrell Fritz, P.C.
  • Article

    Will New York Law Allow For The Electronic Execution Of Wills?

    Under New York's Electronic Signatures and Records Act, a person can electronically sign many types of documents that have legal significance (Technology Law §§ 301, § 304 |– 306).
    United StatesFamily and Matrimonial
    Farrell Fritz, P.C.
    Farrell Fritz, P.C.
  • Article

    Is An Unrecorded Document Called A "Survivorship Deed" That Predates New York's Transfer-On-Death Deed Legislation Enforceable?

    In 2024, the New York Legislature enacted Real Property Law ("RPL") § 424, which codified New York's public policy in favor of transfer-on-death deeds...
    United StatesLitigation, Mediation & Arbitration
    Farrell Fritz, P.C.
    Farrell Fritz, P.C.
  • Article

    New York LLC Caselaw's Greatest Hits

    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...
    United StatesCorporate/Commercial Law
    Farrell Fritz, P.C.
    Farrell Fritz, P.C.
  • Article

    No Unforced Errors Please: "For Cause" Removal Provisions Mean What They Say And Say What They Mean

    Not long ago, we wrote about the vital need for strict compliance with contractual options to buy or sell closely-held business equity interests.
    United StatesCorporate/Commercial Law
    Farrell Fritz, P.C.
    Farrell Fritz, P.C.
  • Article

    The New Crypto Playbook

    In 2024, the Department of the Treasury (DOT) and the Internal Revenue Service issued final regulations establishing mandatory tax reporting...
    United StatesTechnology
    Farrell Fritz, P.C.
    Farrell Fritz, P.C.
  • Article

    Real Property Taxation Of Solar And Wind Energy Systems In New York State

    In 2019, the New York State Legislature enacted the Climate Leadership and Community Protection Act ("CLCPA"), which requires New York State to rapidly decrease...
    United StatesEnergy and Natural Resources
    Farrell Fritz, P.C.
    Farrell Fritz, P.C.
  • Article

    Business Appraiser Liability? That's A New One

    We've written about accountant liability. We've written about bookkeeper liability. A carefully crafted complaint can state viable claims for either.
    United StatesCorporate/Commercial Law
    Farrell Fritz, P.C.
    Farrell Fritz, P.C.
  • Article

    New York Trusts And Estates Legislative Developments Of Which To Be Aware In 2026 And Beyond

    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...
    United StatesFamily and Matrimonial
    Farrell Fritz, P.C.
    Farrell Fritz, P.C.
  • Article

    Fact Issues And Credibility Determinations On Injunction Motions

    Almost exactly one year ago, we wrote about the go-to line of New York case law for business divorce litigants hoping to secure injunctions: a substantial...
    United StatesCorporate/Commercial Law
    Farrell Fritz, P.C.
    Farrell Fritz, P.C.
  • Article

    Retail Reckoning For Suburban Strip Malls

    Suburban strip malls have been a staple of Long Island's retail identity – convenient, accessible, and often anchored by big-name national chains. But, as retail trends evolve and those anchor tenants face uncertainty...
    United StatesReal Estate and Construction
    Farrell Fritz, P.C.
    Farrell Fritz, P.C.
  • Article

    Undue Influence Objections In Will Contests

    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.
    United StatesFamily and Matrimonial
    Farrell Fritz, P.C.
    Farrell Fritz, P.C.
  • Article

    Court's Decision In High Stakes Case Cuts Through The "Fog Of Dueling 'Notwithstanding' Clauses"

    In a post I wrote about a dozen years ago, I quoted Ken Adams, blogger and author of A Manual of Style for Contract Drafting, who, commenting on the oft-used contract clause...
    United StatesCorporate/Commercial Law
    Farrell Fritz, P.C.
    Farrell Fritz, P.C.
  • Article

    Top 10 Business Divorce Cases Of 2025

    Welcome to our 18th annual edition of the Top 10 business divorce cases featured on this blog over the past year.
    United StatesCorporate/Commercial Law
    Farrell Fritz, P.C.
    Farrell Fritz, P.C.
  • Article

    Derivative Standing And The Internal Affairs Doctrine

    Choice-of-law questions in shareholder derivative lawsuits venued in New York courts involving out-of-state or international entities can be confoundingly difficult, even for appeals court judges.
    United StatesCorporate/Commercial Law
    Farrell Fritz, P.C.
    Farrell Fritz, P.C.
  • Article

    Constructive Trust Claims

    Constructive trust claims regularly arise in trusts and estates litigation. Based upon a recent decision that Suffolk County Surrogate Vincent J. Messina, Jr. issued, in which the Surrogate found that a constructive...
    United StatesFamily and Matrimonial
    Farrell Fritz, P.C.
    Farrell Fritz, P.C.

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