Situation In a long running family business dispute, Yankwitt LLP was retained to replace another law firm with the representation of the majority shareholders in a manufacturing company, a husband and wife who had successfully managed and grown the company since taking it over more than a decade ago. The […]
Category: Blog: The Westchester Litigator
Jul 2021
Judge Román Grants Third-Party Defendants’ Motion to Dismiss in its Entirety In Blackhawk Development, LLC v. Krusinski Co., 19-CV-5590 (NRS), 2021 WL 1225917 (S.D.N.Y. Mar. 31, 2021), the plaintiff, Blackhawk Development, LLC, brought suit against the defendant, Krusinski Construction Company (Krusinski), alleging breach of contract, breach of warranty, and negligence […]
Jun 2021
Working from home over the past year has motivated many of us to declutter our homes, purging outdated or unused items that “no longer serve us.” Litigators may be surprised to learn that federal courts with a similar impetus possess the power to sua sponte purge their dockets of “unused” […]
May 2021
New York Business Corporation Law (BCL) § 623 establishes a procedure for minority shareholders to dissent from certain corporate transactions and obtain a fair value buy-out of their interest in the company. This is typically the dissenting shareholder’s sole and exclusive remedy, but the procedure must be followed precisely. A […]
Apr 2021
A defendant seeking to remove a state court case to federal court based on diversity jurisdiction bears the burden of proving two things: 1) diversity of citizenship and 2) an amount in controversy exceeding $75,000. Sometimes the amount in controversy is obvious: The plaintiff’s complaint seeks damages that clearly exceed […]