Tax Law Subjecting Online Retailers, without a Physical Presence in the State, Is Not Unconstitutional
In Overstock.com, Inc. v. New York State Dept. of Taxation & Fin., the Court of Appeals considered a 2008 amendment to Tax Law § 101(b)(8)(vi) (the “Internet Tax”) that defined a vendor as an out-of-state person selling tangible personal property or services to residents of the state, either directly or through independent contractors or representatives.
The Farrell family agreed to sell their lakeside property in Skaneateles, New York to the White family for the $1.725 million asking price with a $25,000 deposit, and the balance was to be paid in cash at closing.
Partnership Law Permits One Party to Unilaterally Withdraw from Oral Agreement if Venture Is Not for a Definite Term or a Particular Undertaking
Section 62(1)(b) of the Partnership Law provides that a partnership formed by an oral agreement may be unilaterally dissolved “if no definite term or a particular undertaking is specified” in the oral agreement.
Requirement that Health Club Have Defibrillator on Premises Does Not Create a Duty to Use the Device
The Public Heath Law requires health clubs with 500 or more members to have an Automated External Defibrillator [“AED”], “a portable medical device for delivery of an electroshock to restart normal heart rhythm,” on the premises.
In IRB-Brasil Resseguros, S.A. v. Inepar Investments, S.A., one defendant issued a $30 million note and, in connection therewith, executed certain collateral agreements.
Residential Condominiums Differ from Residential Cooperatives in Responsibility for Injuries to a Contractor’s Employee
Labor Law § 241(6) provides that an owner of real property is liable for persons injured doing work on the premises if reasonable and adequate protection and safety are not provided and if they fail to comply with provisions of the Industrial Code.
In Pappas v. Tzolis, an action between former members and managers of an LLC, the Court of Appeals addressed the question of whether one member breached a fiduciary duty by failing to disclose negotiations for the sale of the company in connection with a buyout of another member’s interest.
The Court of Appeals recently issued three decisions that, when considered both individually and together, hold business people to the terms of their written agreements.