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Archive by tag: Farrell FritzReturn

No Double Dipping! Court Denies Post-Valuation Date Distributions in Equitable Buyout of LLC Member

I’m always disappointed by appellate opinions that decide novel or unsettled issues in business divorce cases with little or no analysis. It seems like a lost opportunity to provide guidance in future cases....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Mar 24,2020 |

Third Department Decides Novel Question of Law Relating to Zone Change Protest Petitions Under Town Law § 265

When landowners oppose a project that involves the rezoning of a neighboring property, they almost always have the opportunity to air their grievances through a public hearing process. If the rezoning is approved over their objections, landowners can...By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Mar 10,2020 |

Always Check Provenance Before Taking an Assignment of LLC Interest

Buyers of fine art must investigate the work’s provenance before closing the deal. The same holds true for anyone contemplating the acquisition by assignment of a membership interest in a limited liability company....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Mar 03,2020 |

Bending the Rules of Standing: The De Facto Merger Doctrine

Business Divorce 101: To be entitled to an accounting of a closely-held business, the plaintiff or petitioner must demonstrate the existence of a fiduciary relationship giving rise to a duty to account....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Feb 19,2020 |

“Operation Pay Dirt” – Suffolk County Goes After Illegal Dumping

“Operation Pay Dirt” was a joint investigation by the Suffolk County District Attorney’s Office, the New York State Department of Environmental Conservation (NYSDEC), and the Suffolk County Police Department. It investigated illegal dumping on Long...By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Jan 28,2020 |

Think Before You Speak: Words and Actions Can Bind You Beyond The Terms of a Previously Agreed Upon Subcontract Agreement

In a recent case before Justice Andrea Masley, Corporate Electrical Technologies, Inc. v. Structure Tone, Inc. et al., Plaintiff Corporate Electrical Technologies, Inc. (“CET”), a subcontractor, was hired by Structure Tone, Inc. (“STI”), a general...By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Jan 27,2020 |

When it Comes to SEQRA, Reasonable Agencies Are Allowed to Disagree

In SEQRA litigation, there is an oft-quoted proposition that the Lead Agency may not abdicate or defer its responsibilities under SEQRA to another agency. See Riverkeeper, Inc. v. Planning Bd. of Town of Se., 9 N.Y.3d 219, 234 (2007)....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Jan 20,2020 |

Town Takes Trailer: Enforcing Zoning Ordinance against Unresponsive Violators

In Town of Brookhaven v Golemi, 2019 NY Slip Op 51477(U) [Sup Ct, Suffolk County 2019], the Town of Brookhaven (“Brookhaven”) successfully sought and obtained injunctive relief to remove a structure that violated Brookhaven’s Town Code (“Code”)....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Jan 13,2020 |

Allegedly “(Leon) Black”-listed Former Apollo Employee Fails to State A Business Tort Claim

The line between aggressive business competition and unlawful conduct can sometimes be difficult to determine. Many different theories of tort liability have developed over the years to address the variations of unlawful conduct and competitive...By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Jan 06,2020 |

Big Changes in the Village of Westbury: Zoning Amendment Sows the Seeds for New Transit-Oriented Development

On December 5, 2019, the Village of Westbury Board of Trustees adopted legislation creating the Maple Union Transit-Oriented Development District (or “Maple Union TOD”)....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Dec 31,2019 |
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