Fiduciary duty claims between closely-held business owners are commonplace in litigation before the Commercial Division. A decision last fall from Suffolk County Commercial Division Justice James C. Hudson in Matter of Lehan v Montgomery serves as a professorial primer on the meaning and importance of fiduciary obligations between business partners.
The Dispute
Dix Hills Car
In settlement agreements, a valid release serves as a critical mechanism for resolving disputes between parties. By its terms, a release is intended to extinguish all claims, both those that are known and unknown to the parties at the time of execution of the agreement. When parties are represented by counsel and agree to a
A recent decision from Monroe County Commercial Division Justice Daniel J. Doyle in Stuver v Greenlight Parent, L.P. demonstrates that arbitration clauses cannot be used as an automatic “get-out-of-court-free” card at the pre-answer, motion-to-dismiss stage. While arbitration clauses are enforceable contractual tools, courts still have the authority to determine whether a dispute falls within the