On March 29, 2022, the First Department issued a decision in Matter of Grgurev v. Licul, 2022 NY Slip Op. 02088, holding that a plaintiff had an absolute right to an accounting notwithstanding the existence of an adequate remedy at law . . . Continue reading Fiduciary Must Give Accounting Notwithstanding the Existence of an Adequate Remedy at Law
On January 17, 2022, Justice Masley of the New York County Commercial Division issued a decision in Eccles v. Shamrock Capital Advisors, LLC, 2022 NY Slip Op. 30187(U), holding that holders of less than a majority of a company’s shares did not have a fiduciary duty to the company . . . Continue reading Holders of Less than a Majority of Company’s Shares Did Not Have a Fiduciary Duty to Company
On January 20, 2022, Justice Masley of the New York County Commercial Division issued a decision in 220 E. 26th St. LLC v. Kaled Mgt. Corp., 2022 NY Slip Op. 30195(U), refusing to dismiss claims that a property manager had a fiduciary duty to the property owner . . . Continue reading Property Manager Has Fiduciary Duty
On November 18, 2021, the First Department issued a decision in Miami Firefighters’ Relief & Pension Fund v. Icahn, 2021 NY Slip Op. 06446, holding that damages was not an element of a claim for breach of fiduciary duty . . . Continue reading Damages Not an Element of Claim for Breach of Fiduciary Duty
On October 7, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in JRAP Enters., Inc v. Zucaro Constr., LLC, 2021 NY Slip Op. 50967(U), holding that the existence of a joint venture depends on an agreement to share both profits and losses . . . Continue reading Joint Venture Must Include Sharing of Profits and Losses
