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NEW YORK BREACH OF FIDUCIARY DUTY CLAIMS

"Many forms of conduct permissible in a workaday world for those acting at arm’s length, are forbidden to those bound by fiduciary ties. . . . Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.” Thus did Judge Benjamin Cardozo articulate fiduciary duties in his seminal 1928 opinion in Meinhard v. Salmon, a dispute between business partners. This blog surveys the most recent appellate-level New York court decisions on breach of fiduciary duty claims, with a particular emphasis on the fiduciary relationships among businesspeople. These claims arise frequently in commercial litigation, and are flexible enough to encompass a wide range of conduct. Corporations, limited liability companies, partnerships, and businesspeople in general would be well served by keeping up with developments in this important body of law.

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All posts tagged Family Business

Matter of Hersh:  Fiduciary Duty Claims and the Statute of Limitations

Posted on June 7, 2022December 1, 2022Author msekmarketingPosted in Uncategorized

Regardless of the merits of a plaintiff’s claim, she will be unable to have her day in court if she fails to file suit before the statute of limitations expires.  This principle is especially important to breach of fiduciary duty claims, because the statute of limitations governing such claims is elusive and highly dependent on…

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Matthew A. Marcucci

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ABOUT THE AUTHOR

Matthew A. Marcucci is an attorney in the Litigation & Dispute Resolution Department of Meyer, Suozzi, English & Klein, P.C.  Mr. Marcucci has broad experience in a variety of complex commercial matters.  He has represented multinational companies, middle-market and small businesses, and individuals.  Mr. Marcucci has litigated actions involving breach of contract, breach of fiduciary duty, fraud, other business torts, and intellectual property violations, among other things.  He has also litigated shareholder disputes and corporate dissolution proceedings, and has experience in bankruptcy and employment matters.

Recent Posts

  • Lin v. Lau:
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  • Neurological Surgery, P.C. v. MLMIC Ins. Co.: When Being a Policy Holder Is Not Enough to Impose Fiduciary Duties on An Insurance Company
  • Mohinani v. Charney: 
    Revisiting Derivative Claims and Damages in Real-Estate Investment Disputes
  • Hahn v. Stone House Properties LLC: The Duty of Loyalty and Fiduciary Relationships
  • Ilan Properties, Inc. v. Benishai: Breach of Fiduciary Duty Claims and the Continuing Wrong Doctrine

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