Fiduciary’s Conflicts of Interest, Even if Permitted by Contract, Still are Relevant to Balance of the Equities
Commercial Case Notes / Fiduciaries / Injunctions, Attachments and Other Preliminary Remedies

Fiduciary’s Conflicts of Interest, Even if Permitted by Contract, Still are Relevant to Balance of the Equities

On March 16, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in Namdar Fordham Landing LLC v. Fordham Landing Preferred Sponsor, LLC, 2026 NY Slip Op. 31005(U), holding that a fiduciary’s conflicts of interest, even if permitted by contract, were still relevant to the balance of the equities in deciding an injunction . . . Continue reading Fiduciary’s Conflicts of Interest, Even if Permitted by Contract, Still are Relevant to Balance of the Equities

Real Estate Broker Has Fiduciary Duty and Representation of Multiple Parties to a Transaction Must be Disclosed
Commercial Case Notes / Fiduciaries / Real Property

Real Estate Broker Has Fiduciary Duty and Representation of Multiple Parties to a Transaction Must be Disclosed

On December 24, 2025, the Second Department issued a decision in Yellin v. Revival Prop. Group, LLC, 2025 NY Slip Op. 07332, holding that a real estate broker has a fiduciary duty and representation of multiple parties to a transaction must therefore be disclosed . . . Continue reading Real Estate Broker Has Fiduciary Duty and Representation of Multiple Parties to a Transaction Must be Disclosed

Claims Based on Existence of Joint Venture or Partnership Dismissed for Failure Adequately to Allege Joint Venture/Partnership
Commercial Case Notes / Fiduciaries / Partnerships

Claims Based on Existence of Joint Venture or Partnership Dismissed for Failure Adequately to Allege Joint Venture/Partnership

On May 29, 2025, the First Department issued a decision in Kiehl v. Cavicchio, 2025 NY Slip Op. 03252, holding that claims arising from an alleged joint venture failed for lack of adequate allegation of the existence of the joint venture/partnership . . . Continue reading Claims Based on Existence of Joint Venture or Partnership Dismissed for Failure Adequately to Allege Joint Venture/Partnership