Bringing a Lawsuit in New York is not Doing Business Here for Purposes of LLC Law 802 and 808 or BCL 1312
Commercial Case Notes / Corporations / Court Rules and Procedures / Standing

Bringing a Lawsuit in New York is not Doing Business Here for Purposes of LLC Law 802 and 808 or BCL 1312

On November 25, 2024, Justice Patel of the New York County Commercial Division issued a decision in OCFBrook Holdings, LLC v. TKS Brooklyn Ctr. Holding, LLC, 2024 NY Slip Op. 51611(U), holding that bringing a lawsuit in New York is not doing business here for purposes of LLC Law 802 and 808 or BCL 1312 . . . Continue reading Bringing a Lawsuit in New York is not Doing Business Here for Purposes of LLC Law 802 and 808 or BCL 1312

Defendant That Has Dealt With an Entity as a Corporation Cannot Avoid Obligations to it Because it Was Not Properly Incorporated
Commercial Case Notes / Corporations / Standing

Defendant That Has Dealt With an Entity as a Corporation Cannot Avoid Obligations to it Because it Was Not Properly Incorporated

On April 3, 2024, the Second Department issued a decision in Teva Realty, LLC v. Cornaga Holding Corp., 2024 NY Slip Op. 01833, holding that a defendant that dealt with an entity as a corporation cannot avoid its obligations to is because it was not properly incorporated . . . Continue reading Defendant That Has Dealt With an Entity as a Corporation Cannot Avoid Obligations to it Because it Was Not Properly Incorporated

On a Motion to Dismiss, Defendant Bears the Burden of Making an Initial Showing of Lack of Standing
Commercial Case Notes / Motion to Dismiss / Standing

On a Motion to Dismiss, Defendant Bears the Burden of Making an Initial Showing of Lack of Standing

On September 30, 2023, Justice Masley of the New York County Commercial Division issued a decision in Board of Mgrs. of 11 Beach St. Condominium v. HFZ 11 Beach St. LLC, 2023 NY Slip Op. 33419(U), holding that on a motion dismiss, the defendant bears the initial burden of making a prima facie showing of a lack of standing . . . Continue reading On a Motion to Dismiss, Defendant Bears the Burden of Making an Initial Showing of Lack of Standing

Party Cannot Assert Standing Defense on Note When it Agreed to Waive All Defenses
Commercial Case Notes / Standing

Party Cannot Assert Standing Defense on Note When it Agreed to Waive All Defenses

On July 27, 2023, Justice Crane of the New York County Commercial Division issued a decision in GLD Legacy Holdings, LLC v. Legacy Educ. Alliance, Inc., 2023 NY Slip Op. 32601(U), holding that a party cannot assert a standing defense in an action to collect on a note when it agreed to waive all defenses . . . Continue reading Party Cannot Assert Standing Defense on Note When it Agreed to Waive All Defenses