Tag Archives: United States

Yellowstone Update: Recent Decisions By the First and Second Departments

Posted on June 21, 2012 | Comments Off on Yellowstone Update: Recent Decisions By the First and Second Departments

Yellowstone Update:  Recent Decisions By the First and Second Departments

 (Victor M. Metsch is a Senior Litigation/ADR partner at Hartman & Craven LLP.  He can be reached at vmetsch@hartmancraven.com.  He maintains a website at www.LegalVictor.net and can be found on Twitter at @LegalVictor1).

This article was originally published by Thomson Reuters.

The Yellowstone Legal Template

The purpose of Yellowstone relief on the one hand, and the legal standards therefor, on the other, are well established:

The purpose of a Yellowstone injunction is to maintain the status quo so that the tenant may challenge the landlord’s assessment of its rights without the tenant, during the pendency of the action, forfeiting its valuable property interest in the lease…As such, it may be granted on less than the normal showing required for preliminary injunctive relief…” Continue reading →

Comments Off on Yellowstone Update: Recent Decisions By the First and Second Departments

Posted in Landlord-Tenant, Litigation, New York Law, Real Estate

Tagged , , , , , , ,

Breach of Fiduciary Duty Jurisprudence of the New York State Court of Appeals in the Current Millennium

Posted on May 18, 2012 | Comments Off on Breach of Fiduciary Duty Jurisprudence of the New York State Court of Appeals in the Current Millennium

This Article was originally published by Thomson Reuters on May 18, 2012.

Claims for breach of fiduciary duty appear to have proliferated, possibly because the nature of the claim suggests some sort of outrageous or egregious conduct, on the one hand, while a finding of such wrongdoing may entitle the complainant to exemplary damages, on the other.  Needless to say, the sine qua non for a claim of fiduciary duty is the existence of a fiduciary relationship.  Under the circumstances, it is quite remarkable that, in so many cases, the existence of such a relationship is simply assumed and, as a result, the determination of whether or not a fiduciary relationship exists is often regularly litigated as a threshold and dispositive issue.

In the current millennium, the New York Court of Appeals has addressed questions relating to breach of fiduciary duty on almost two dozen occasions.  And, because the determination of whether or not a fiduciary relationship exists is both a matter of law, in general, and often fact specific, in particular, the decisions on that threshold issue by the Court of Appeals raise as many questions as they answer.

Continue reading →

Comments Off on Breach of Fiduciary Duty Jurisprudence of the New York State Court of Appeals in the Current Millennium

Posted in Litigation, New York Law

Tagged , , , , , , ,