The First Department approved beneficiary changes and LLC reforms under Mental Hygiene Law Article 81 to preserve an incapacitated person’s longstanding estate plan.
The First Department reinstated conversion and related claims because a disputed RP-5217 transfer report created factual questions about ownership and entitlement to sale proceeds.
First Department reinstates a consultant’s claims against a sports bar, holding that ABC Law § 126(1) — a malum prohibitum regulation — does not automatically void a profit-sharing consulting agreement under New York’s illegality doctrine absent evidence the contract required an illegal act to be performed.
First Department affirms dismissal of a director’s reinstatement claim, holding that board removal for cause was valid under the corporation’s original by-laws — which remained in effect after amended by-laws failed to obtain required shareholder approval — and that citing the wrong by-law provision in the meeting notice was not a fatal defect.