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Long Island Land Use and Zoning

To BESS, or Not to BESS? The Emergence of Battery Storage Systems on Long Island

By Philip A. Butler
January 25, 2023

For most people, the idea of “Green Energy” likely evokes images of solar panels and wind turbines. However, the movement toward renewable energy, and a more reliable and efficient power grid, involves many other forms of technology that may yet…

New York Business Divorce

Has the Time Come for New York to Follow Delaware and Officially Pronounce Deadlock as Ground for LLC Dissolution?

By Peter Mahler
January 23, 2023
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Two-member, 50/50 LLCs are natural fodder for deadlock. This week’s New York Business Divorce questions whether New York’s standard for LLC dissolution takes too narrow an approach to deadlock.

New York Commercial Division Practice

Commercial Division Grants $1 Million Punitive-Damage Award for Diversion of Company’s IP in Breach of Fiduciary Duty

By Viktoriya Liberchuk
January 22, 2023
Punitive,Damages,-,The,Word,Was,Printed,On,A,Metal

A recent decision from the Manhattan Commercial Division reminds us that although punitive damages are generally not recoverable in New York, certain circumstances require that they be awarded.

In Hall v Middleton, Manhattan Commercial Division Justice Jennifer G. Schecter…

Long Island Land Use and Zoning

Governor Hochul’s Ambitious Statewide Strategy to Address New York’s Housing Crisis

By Anthony S. Guardino
January 18, 2023
Panorama,Park,Side,Brand,New,Row,Of,Three,Story,Single

As part of her 2023 State of State address, Governor Kathy Hochul announced a statewide strategy to address New York’s housing crisis by building 800,000 new homes over the next decade. The plan, dubbed as the “New York Housing Compact,”…

New York Business Divorce

Potential Creditor Drags Corporation in Stalled Dissolution Proceeding into Receivership

By Peter J. Sluka
January 16, 2023
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Creditors take note: New York’s Business Corporation Law gives creditors a path to intervene in a contested dissolution proceeding.
See that path at work in this week’s post. …

New York Business Divorce

Business Divorce in the Divorce Courts

By Franklin C. McRoberts
January 9, 2023
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In this week’s New York Business Divorce, read about a rare example of a judicial dissolution proceeding litigated in the Matrimonial Division of New York’s Supreme Court.…

Long Island Land Use and Zoning

Is Prior Precedent Dead in the Village of Southampton? Depends on Who You Ask.

By John C. Armentano
January 9, 2023

Recently, the Suffolk County Supreme Court affirmed the Southampton Village Zoning Board of Appeals (ZBA) denial of a special permit to subdivide the subject property into two residential lots in the Village’s Office District. In 99 Sanford Place LLC, v …

New York Commercial Division Practice

Commercial Division Says Not Every Storm Triggers Force Majeure

By Serene Carino
January 5, 2023
The,Text,Force,Majeure,On,A,Wooden,Blocks.,Business,Concept

A recent decision from Justice Robert Reed of the Manhattan Commercial Division in J.P. Morgan Ventures Energy Corporation v. Miami Wind I, LLC, Goldthwaite Wind Energy LLC demonstrates how parties have the ability to excuse contractual non-performance in a well…

New York Business Divorce

Top 10 Business Divorce Cases of 2022

By Peter Mahler
January 3, 2023
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New York Business Divorce proudly presents its 15th annual list of the past year’s ten most noteworthy business divorce cases, along with short summaries and links to prior posts on the featured cases.

New York Business Divorce

Scrivener’s Error Keeps Sailboat-Owning LLC Afloat

By Peter J. Sluka
December 27, 2022
Capture

A court is empowered to correct a mistake solely in the reduction of an agreement to writing. This week’s post shows that power at work in the interpretation of a sailboat-owning LLC’s operating agreement.…

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