Res Judicata Applied in Foreclosure Action Concerning Sale of Property

Lack of formal identification of managers meant that LLC operating family business was a member-managed entity, although deceased family member's LLC interest became an assignee interest held by his estate.

Court denied stay of bankruptcy court contempt and preliminary injunction orders pending appeal where defendants were unlikely to succeed on the merits of their claims against the orders and where the orders would not irreparably harm defendants by requiring them to produce ordered discovery or merely preventing them from transferring or using claimed funds under their control.

Court declined to enjoin contractual alternative dispute resolution process where parties agreed to submit validity of post-closing cap-ex budget to independent consultant for expert review, where consultant was empowered to conduct independent analysis of company's financial records.

Doubt Exists Whether Advertising Campaign Violated Automatic Stay in Bankruptcy

Court remanded for reconsideration of interpretation of contractual requirement using extrinsic evidence where both parties proffered reasonable interpretations of the provision.

Plaintiff was not entitled to books and records where record supported finding that parties had failed to reach agreement on essential terms to induct plaintiff as a partner and continued to regard him as an employee.

Appeals & Motions List released on:April 30, 2024

Russell v. NYU

Appeals & Motions List released on:April 16, 2024