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Sale-Leasebacks: Loans In Disguise
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninEstablishing A Breach Of Fiduciary Duty In A Commercial Case
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninMy firm just finished a trial in the Kings Supreme Court that lasted several months concerning a commercial dispute over real estate. One of the issues we briefed in our post-trial memorandum of law deals with the question of whether the other party was a fiduciary to our firm’s client. Here is an excerpt from […]
Sale-Leasebacks: Loans In Disguise
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninMy firm just submitted a post-trial brief in a commercial case where we argued that a sale agreement which had a leaseback and an option to repurchase was intended to be a financing arrangement and loan between the parties. Here is the relevant excerpt from the brief:
Establishing A Breach Of Fiduciary Duty In A Commercial Case
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninMy firm just finished a trial in the Kings Supreme Court that lasted several months concerning a commercial dispute over real estate. One of the issues we briefed in our post-trial memorandum of law deals with the question of whether the other party was a fiduciary to our firm’s client. Here is an excerpt from […]