American Bar Association LLC Institute 2025
Peter A. Mahler and Peter J. Sluka will be presenting at the American Bar Assocation LLC Institute 2025 on the panel “Non-Delaware Case…
2050 Results
The Bad Faith Defense to Opportunistic Expulsion
Expulsion provisions in partnership and LLC agreements implicate a familiar tension between private ordering and abuse of power. On the one hand, expulsion…
Jason Little, partner in the firm’s Cannabis practice group, returns to the Blunt Business Podcast to discuss the recent federal appeals court ruling…
Estate Planning Outlook: 2026 Projected IRS Thresholds and Exclusions
Each year, the IRS updates tax brackets and related thresholds to reflect inflation. Under the One Big Beautiful Bill Act, the estate tax…
California lawyer and publisher of The LLC Jungle blog, Kevin Brodehl, recently posted about an interesting decision earlier this month by a California…
The $100,000 H-1B Visa Fee: When Protecting Jobs Means Pricing Out Startups
In late September 2025, the Trump administration announced a dramatic hike in the fee employers must pay when filing new H-1B visa applications…
Update on RPTL § 575-b: Real Property Taxation of Solar and Wind Energy Systems in New York State
Enacted in 2021, RPTL §575-b was intended to promote clarity and predictability in the valuation of solar and wind energy system. The statute…
Punitive Damages Against Municipalities Don’t Grow On Trees
Philosophers have often asked, “If a tree falls in the forest and no one is around to hear it, does it make a…
Attorneys for Family-Held Enterprises 2025 Fall Conference
Farrell Fritz is a proud to be a sponsor at the AFHE 2025 Fall Conference. Commercial Litigation partner, Matthew D. Donovan, will be…
IRS Issues Proposed Regulations on “No Tax on Tips” Deduction Under the One, Big, Beautiful Bill Act
Section 70201(a) of the One, Big, Beautiful Bill Act (“OBBBA”) added section 224 to the Internal Revenue Code, providing an income tax deduction…
Peter J. Sluka will be a speaker at the CLE “Minority Investor Rights in Private Companies: Buy-Sell Agreements, Court-Ordered Buyouts, Breach of Fiduciary…
Second Department Ends Sisters’ Fight Over Family Home Not With a Bang, But a Whimper
Four sisters. One house. Who owns it? Today’s case delves into a thorny situation many closely-held family businesses struggle with—proving ownership. It’s no…
Rules Have Teeth: Discovery Motion Denied Over Noncompliance with Commercial Division Rule 14
As readers of this blog are well aware, we here at New York Commercial Division Practice repeatedly discuss decisions by the Commercial Division…
Robert C. Creighton recognized in the Long Island Business News 2025 Law Influencers
We proudly congratulate Farrell Fritz Managing Partner, Robert C. Creighton, on his recognition in the Long Island Business News 2025 Law Influencers. This…
Island Harvest’s 31st Annual Taste of the Harvest
Michelle E. Espey, Committee Chair, will be attending the Island Harvest 31st Annual Taste of the Harvest gourmet tasting event. As the largest…
Long Island Business Development Council 55th Economic Development Conference
Farrell Fritz is proud to be a sponsor at the Long Island Business Development Council’s 55th Economic Development Conference. Michael P. Guerriero, Christopher…
Roller Coaster Ride: Interlocutory Appeals in Business Divorce Cases
The appellate gods can be cruel. A little less than two years ago, we blogged about Owen v Hurlbut, a resounding summary judgment…
Arbitration can be an attractive alternative to the courtroom for any number of reasons. But practitioners should know that arbitration is not the…
The Hidden Forces Driving Long Island’s Annual Property Tax Increases
The end of Summer and onset of Fall brings many unpopular rituals each year. At the top of this list for most people would…
As the summer days come to an end, and Fall fast approaches, the Appellate and Surrogate’s Courts have been busy at work issuing…
Over the Limit: Can Equity Trump the Certificate of Incorporation’s Share Cap?
We often remark anecdotally that disputes over ownership status—whether one is or is not an owner—seem far more common in the context of…
2025 IPT Property Tax Symposium
Michael P. Guerriero will be a speaker on the panel “Property Tax and Valuation Issues Impacting the Energy Industry” at the 2025 IPT…
SEQRA 50th Anniversary Conference
John C. Armentano will be speaking at the SEQRA 50th Anniversary Conference on November 6 and 7, 2025 hosted by Albany Law School….
HIA-LI 15th Annual Women’s Leadership Conference
Labor and Employment partner, Domenique Camacho Moran, will be moderating panel “Women Rising: Fearless & Focused” at the HIA-LI 15th Annual Women’s Leadership…
Defamation in Business Disputes: Executive Held Personally Liable for False Kick-Back Accusation
On June 18, 2025, Justice Andrew Borrok of the Manhattan Commercial Division issued a post-trial decision in IGC 444 Park LLC et al….
John’s of 12th Street in the East Village is one of Manhattan’s oldest and most storied red-sauce Italian restaurants. Founded in 1908, John’s…
Who’s Covered? Commercial Division to Clarify Its Role in Insurance-Coverage Cases
Consistent with the Commercial Division Advisory Council’s (“Advisory Council”) mission – i.e., to ensure that the Commercial Division serves as a globally-recognized forum…
Practice AreasCorporateCommercial Finance & BankingReal Estate
Ilene S. Cooper Installed to Board of Directors at the Queensborough Community College Fund
Farrell Fritz is proud to announce the recent board appointment of Ilene S. Cooper to the Queensborough Community College Fund. The Board’s mission…
The NYC & Downstate Chapter of SIOR Power Broker Summit
Farrell Fritz attorneys, David Curry, Michael Guerriero, Christopher Kent, and Michael Webb, will be attending the NYC & Downstate Chapter of SIOR Power…
The Clock is Ticking: Energy Credits Expiring Under the One, Big, Beautiful Bill
For taxpayers hoping to claim certain energy credits and deductions, the clock is ticking. Last week, the Internal Revenue Service (“IRS”) issued Fact…
Super-Apps, Self-Custody and Safe Harbors: SEC’s New Crypto Playbook
For years, the SEC has been painted as the cop on the beat when it comes to crypto, more likely to file an…
Super-Apps, Self-Custody and Safe Harbors: SEC’s New Crypto Playbook
For years, the SEC has been painted as the cop on the beat when it comes to crypto, more likely to file an…
Seller Beware: The “Exclusive” Fair Value Appraisal Remedy Really is Exclusive
The conventional path to a fair value appraisal proceeding under Section 623 of the Business Corporation Law (the “BCL”) involves deliberate invocation of…
Practice AreasCommercial LitigationConstruction
32 Farrell Fritz Lawyers Recognized as 2026 Best Lawyers® Award Recipients
As a leading middle-market law firm in the New York region, Farrell Fritz prides itself on developing attorneys and delivering high quality work…
As New York State considers landmark legislation to authorize medical aid in dying (MAID), physician-leaders are increasingly called to engage with the legal,…
Rachel-Anne Scelfo Honored as One of Long Island Business News’ Top 50 Women in Business
Farrell Fritz is proud to announce that Rachel-Anne Scelfo has been named one of Long Island Business News’ Top 50 Women in Business…
Farrell Fritz Ranked as a Leading Firm in Chambers and Partners
Farrell Fritz is proud to announce that we are ranked as a leading firm (Band 1) for Private Wealth Disputes by Chambers and…
Potential Federal Cannabis Reclassification Could Reshape Industry
President Trump’s recent comments about potentially reclassifying cannabis as a less dangerous drug could mark a turning point for the region’s cannabis industry….
For Embattled Bich Family, “Full Membership” Requires Admittance Without Precondition
We’ve recently written on a number of disputes arising out of posthumous transfers of corporate ownership interests, particularly where the transfer documents in…
Non-Compete Fight Yields Mixed Results in Cabrita v. Vitabyte, Inc.
The enforceability of non-compete agreements remains an active issue in New York courts, and a recent Queens County Commercial Division case, Cabrita v….
Portability Pitfalls: Why Complete and Accurate Estate Tax Returns Matter
The Internal Revenue Code permits a surviving spouse to utilize or “port” the deceased spousal unused exclusion (“DSUE”) if: (1) the executor of…
Summer Shorts: A Trio of Recent Decisions of Interest in LLC Member Disputes
Welcome to this 15th annual edition of Summer Shorts. This year’s edition features brief commentary on a trio of recent decisions by New York…
The City of New Rochelle Revises Property Tax Deadlines for All Future Tax Years
At a recent legislative hearing, the New Rochelle City Council unanimously voted to revise the City’s property tax assessment calendar, with changes set…
New York State Bar Association – Trusts & Estates Law Section 2025 Fall Meeting
Robert M. Harper will be a speaker on the panel Full House, Split Deed: Real Property Multi-Beneficiary Ownership Issues and the Uniform Partition…
New Rule Proposal Encourages Use of Virtual Evidence Courtrooms in New York Commercial Division
The Commercial Division Advisory Council (“CDAC”) has recommended a new rule that would introduce the use of Virtual Evidence Courtrooms in the Commercial…
Hoping to Take Assignment of an LP or LLC Interest? Best Read the Contract
A recent decision from one of our favorites, Albany County Commercial Division Justice Richard M. Platkin, is a reminder to would-be assignees of…
Kevin P. Mulry Recognized in the City & State 2025 Long Island Trailblazers
We’re proud to share that Kevin P. Mulry, partner at Farrell Fritz and the firm’s General Counsel, has been named to the 2025…
Section 626 of New York’s Business Corporation Law governs standing to sue derivatively in New York. It states that “an action may be…
What HR Can Learn From the Coldplay ‘Kiss Cam’ Moment
Tech company Astronomer found themselves in the news recently for the now viral Coldplay scandal, involving the head of HR and the CEO,…
New York State COVID-19 Paid Sick Leave Law to End July 31
In response to the onset of the pandemic, New York State enacted the COVID-19 quarantine leave legislation in March 2020. As the law…
Mark Ustin Recognized in the LIBN Long Island Business Influencers: Healthcare & Healthcare Law 2025
Farrell Fritz Partner, Mark R. Ustin, has been recognized in the Long Island Business News Long Island Business Influencers: Healthcare & Healthcare Law…
Starting August 1, 2025, New York City’s Taxi and Limousine Commission (TLC) will implement a higher mandatory per-trip payment for ride-hail drivers. This…
2026 Property Tax Levy Growth Cap Remains at 2%
New York State Comptroller, Thomas P. DiNapoli, recently announced that the 2026 property tax levy increases will be capped at 2%. The 2%…
Unsolicited: ‘bear hugs’ in M&A
While most mergers and acquisitions are conducted on amicable terms, some take a more aggressive approach. One such tactic is the “bear hug,”…
7 Ways Local Governments Can Boost Affordable Housing
According to a recent report from the Office of the New York State Comptroller, three million New York households are living in housing…
CRE Meets Gen-Z: Designing for the Next Generation of Work
By 2030, Generation Z is expected to comprise 30% of the global workforce and with that milestone just five years away, commercial real…
On Camera: My Recent Video Interview on, What Else, Business Divorce (Part 2)
This post features Part 2 of a recent two-part program to be later aired on New York City public access cable in which…
Having passed the year’s mid-way point, we examine opinions throughout the state affecting the field of trusts and estates. Consider the following decisions…
Expanded Qualified Small Business Stock Rules
In a recent post, available here, we discussed the basic requirements and benefits of Internal Revenue Code Section 1202, which provides for the…
Capital Call Cancelled: A Fairness Defense to the Majority’s Mandatory Capital Call
There is perhaps no provision in an LLC operating agreement more susceptible to abuse than one allowing those in control of the LLC…
Private Equity’s Plan B: Navigating the Exit Drought with Continuation Funds
In a typical bull market, private equity sponsors exit out of portfolio assets through IPOs, strategic sales and sponsor-to-sponsor buyouts. But the 2025…
The Sun Will Not Set: The One Big Beautiful Bill
The long-anticipated “sunset” of the Tax Cuts and Jobs Act of 2017 (TCJA) was slated for the end of 2025. Upon this “sunset,”…
Will New York Law Allow for the Electronic Execution of Wills?
Under New York’s Electronic Signatures and Records Act, a person can electronically sign many types of documents that have legal significance (Technology Law…
On Camera: My Recent Video Interview on, What Else, Business Divorce (Part One)
I recently had the pleasure of being interviewed by Sandra Schulte at the media production studios of the Manhattan Neighborhood Network located near…
Hansley Mohan Recognized in the New York Real Estate Journal 2025 Ones to Watch-Rising Stars
We proudly congratulate Hansley Mohan on being recognized as one of the New York Real Estate Journal’s Ones to Watch: Rising Stars! Based…
Annual Property Tax Report Cards – $3.64 Billion in School District Cash Reserves
In May, the annual New York State Property Tax Report Cards for School Districts were released by the Department of Education. The report…
The Humble LLC Exculpation Clause Wins Big: Member/CEO Escapes $8M Fiduciary Claims
It’s difficult to assess the potency of section 417(a) of New York’s LLC law. The provision starts off with a seemingly broad rule:…
Pitch Perfect: Demo Days, General Solicitation and the HALOS Act of 2025
Your company is invited by a local meetup group to present at demo day with other startups, and you accept. The group announces…
A Tool to Locate, But Not Analyze: Commercial Division Seeks to Adopt a New Rule Governing GenAI
The Commercial Division Advisory Council (“Advisory Council”) is consistently looking to implement and amend new rules to enhance practice in the Commercial Division….
The Road to Compliance: How Town Law 280-a Affects Property Development
Developing land on Long Island can present a number of challenges that all developers should be aware of. From complex zoning ordinances to…
“Down the ridiculous rabbit hole,” “magical math,” “smoke and mirrors,” “sixteen-year charade.” That’s how the plaintiff’s post-trial brief in Becker v Perla described…
Domenique Camacho Moran Recognized in the Long Island Business News Dynamic Women Leaders of 2025
We proudly congratulate Domenique Camacho Moran on being recognized in the Long Island Business Influencers: Dynamic Women Leaders of 2025! Presented by Long…
No Service Shortcuts Abroad: The Limits of Alternate Service Under CPLR 308
When litigants pursue claims against foreign defendants, the question of how to serve them is more than procedural – it’s jurisdictional. As many…
A Tardy Plaintiff’s Best Friend: The Open Repudiation Doctrine
Pre-answer motions to dismiss for untimeliness are exceptionally common in business divorce litigation. Statute of limitations analysis can be deceptively simple in theory,…
The Presumption of Revocation that Oftentimes Applies to Lost Wills
New York law generally requires that, to have a will admitted to probate, a party offering the will for probate must file the…
A Tardy Plaintiff’s Best Friend: The Open Repudiation Doctrine
Pre-answer motions to dismiss for untimeliness are exceptionally common in business divorce litigation. Statute of limitations analysis can be deceptively simple in theory,…
Out-of-State, Out of Luck: Commercial Division Justice Dismisses PPE Suit for Lack of Jurisdiction
A recent decision from the Manhattan Commercial Division reminds us that even substantial and high-profile transactions tied to the state may not be…
After the Grievance Deadline: What Commercial Property Owners Should Know About Settlement Season
The third Tuesday in May marks the end of the Suffolk County, Nassau County and New York City annual grievance filing season and…
Hybrid Work Policies Reshape Long Island’s Legal and Business Landscape
Five years after COVID-19 disrupted the workplace on Long Island, many employers are now voluntarily adopting hybrid work models, with little legal friction….
Robert M. Harper will be speaking at the ACTEC 2025 Summer Meeting on the panel for the State Laws Committee regarding New York’s…
Removal and Suspension of Fiduciaries in Surrogate’s Court
Robert M. Harper will be presenting at the New York State Bar Association webinar “Removal and Suspension of Fiduciaries in Surrogate’s Court.” This…
Beyond Fair Value: When Shareholder Oppression Demands Interest and Damages
Shareholder oppression has long been a favorite topic of mine—for good reason. A cornerstone of business divorce litigation, a claim of minority shareholder…
Remote Possibilities: Establishing Good Cause for Virtual Depositions in the Commercial Division
Under Rule 37 of the Rules of the Commercial Division, the court may order a remote deposition upon (1) consent of the parties,…
Estate Planning under President Trump’s “One, Big, Beautiful Bill”
On May 22, 2025, the U.S. House of Representatives passed President Trump’s One, Big, Beautiful Bill. The bill now awaits approval by the…
Michael L. Webb will moderate an engaging conversation around development and the relationships between real estate owners and municipalities. Panelists include Christopher Albanese,…
A.J. Swartwood named to the NLP Board at the Legal Aid Society
Farrell Fritz is proud to announce the appointment of A.J. Swartwood to the New Leadership Program (NLP) at the Legal Aid Society. A.J….
From Courtrooms to the Campaign Trail: Empowering Women to Enter the Political Arena
In light of the rapidly shifting landscape of federal policy, legal professionals are increasingly faced with the challenge of staying informed and engaged…
Invalidating Legal Documents and Transactions in Article 81 Guardianship Proceedings
Much has been written about courts invalidating instruments or transactions after a person’s death. Courts invalidating instruments or transactions during a person’s lifetime…
Retirement of Working Owners of Closely Held Business Entities: What’s Your Plan?
It’s a fact that the great majority of multi-owner, closely held business entities are run by working owners. In many if not most…
The Forfeited Equity Trap: Why Your Non-Compete Might Be Worthless
Imagine you’re a private equity firm. You buy a company, and you want to retain and incentivize key employees, so you give them…
Jason Little in Business of Cannabis on Current Market Uncertainty
A recent ruling by a federal trade court declaring key elements of President Trump’s flagship tariff policy unconstitutional has brought significant relief to…
No Walk in the Park for Municipal Recreational Fees
There are few things in life as pleasurable as spending time at a park on a sunny day. Parks play a crucial role…
Bankruptcy, Board Conduct, and Fiduciary Duty: Key Takeaways from Ragab v. SHR Capital Partners LLC
In a recent decision from the Manhattan County Commercial Division, Justice Margaret A. Chan addressed a confluence of corporate-governance, fiduciary-duty, and bankruptcy-stay issues…
A Message of Acceptance from the Garden State
This week’s New York Business Divorce takes us to the Garden State for a delightfully-written, post-trial decision by retired, recalled Appellate Division Judge…
Mark Ustin, Partner in the firm’s New York State Regulatory & Government Relations and Healthcare practice groups, was recently interviewed by the New…
When Additional Obligations Don’t Derail CPLR 3213: Commercial Division Clarifies the Test
Commercial loan documents are notoriously complex, packed with financial reporting requirements, compliance covenants, and collateral maintenance obligations. For practitioners seeking the expedited relief…
David M. Curry in Commercial Property Executive on the Return to Office Space in New York City
Silverstein Properties has secured a 49,264-square-foot lease at 1177 Avenue of the Americas with global insurance and investment leader Starr. David Curry shares…