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Reopening Would Cause Prejudice, Create 'Perverse Incentives', Encourage 'Gamesmanship'
Appellate Division, Second Department: February 9, 2022
Appellate Division, First Department:January 5, 2021
Under the unambiguous terms of the parties' agreement, defendant did not need plaintiff's consent to enter into a new loan transaction.
Certain Priority Provisions Are Enforceable Under the Bankruptcy Code's Safe Harbor
Defendants intentionally interfered with plaintiff's business relationships, but plaintiff did not seek damages and was not enti-tled to equitable relief.
Appellate Division, First Department: April 16, 2020
Appellate Division,First Department: December 19, 2019
The chancery court, as a court of equity, could not enjoin future defamatory statements.
Judicial dissolution of LLC warranted where manager attempted to amass unilateral control in violation of operating agreement's requirement that managers advise and consent on all board decisions and the operating agreement contained no workable mechanism to allow managers to break their deadlock.
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