Recently, my partner Peter Sluka wrote about two Kings County Supreme Court decisions testing the procedural boundaries of shareholder-oppression claims under BCL § 1104-a. One of the lessons from those cases is that procedure can shape the outcome of a case as much as the merits.
For claims to recover money due on an instrument, CPLR 3213 can provide a faster path to judgment than a plenary action—but only if its procedural requirements are strictly followed.
“You Waived What?”: Delaware’s LLC/Corporate Inspection Rights Divide
There’s a simple truth in Delaware entity law: LLCs and corporations operate on fundamentally different philosophies. Nowhere is that contrast sharper than when it comes to a member’s or stockholder’s right to inspect the company’s books and records. The Court of Chancery’s recent decision in Bengson v. Elevate RCM Holdings, LLC, C.A. No. 2025-1347-DG (Del. Ch. Aug. 10, 2026), drives that point home in striking fashion.
A high-profile California case involving Nick Reiner and the trust created by his parents, Rob and Michele Reiner, has brought renewed attention to the “slayer rule” and the question of whether someone accused of killing another person can benefit from that person’s estate or trust.
Pied-à-Terre Tax Surcharge Creates New Planning Considerations for Luxury NYC Property Owners
The New York State Legislature recently enacted the Pied‑à‑Terre Tax (PAT) Surcharge, introducing a significant, additional annual real estate tax on certain high-value New York City residential properties that are not the owner’s primary residence – including single family residences, condominium units and cooperative units. The PAT Surcharge was enacted by the Legislature as part of the 2026-2027 New York State Budget Bill and added Sections 1350 to 1356 to Article 30-C of the New York State Tax Law entitled “City Surcharge on Property That Does Not Serve as a Primary Residence.”
A New Wave of Taxation on Second Homes
In addition to regular property taxes, state and local governments around the country are increasingly looking to second homes as suitable candidates for an extra round of taxation to increase tax revenue. Proponents also cite these taxes as a way to combat the lack of available housing in many areas by spurring absentee owners to lease out second homes and avoid the tax. Critics say these new taxes will drive away second homeowners who boost local economies and already effectively subsidize local services (i.e. schools, trash removal, etc) by not using them year-round. So far the nicknames given to these laws are more memorable than the tax laws themselves, but the variety and ingenuity of these plans could represent a worrisome Summer storm on the horizon for many second homeowners.
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