New York County Commercial Division Grants Partial Summary Judgment to Firm’s Client
In an action for an accounting, breach of contract, and breach of fiduciary duty involving an affordable housing joint venture, the New York County Commercial Division, Hon. David B. Cohen, granted partial summary judgment to the Firm’s client on his claim that former partners breached the venture’s LLC operating agreements by wrongfully amending them to his financial detriment. In his Decision and Order, Judge Cohen held that the amendments were not justified by the business judgment rule, and denied a motion by the former partners for summary judgment dismissing the Complaint. Peter S. Dawson handled the matter for the Firm’s client. Decided May 2, 2023