Industry: Real Estate, Rental & Leasing

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Waterkeepers

Use the other side’s aggression to your advantage.

When a closely-held family office disagrees on who controls 2-3 dozen apartment buildings in Brooklyn, things can get nasty. MM&H represents two of three members of this family office, against litigation commenced by the remaining disgruntled member in the New York Supreme Court, Commercial Division. The minority member asserts that defendants engaged in various conduct violative of their duties and her rights, including denying or interfering with access to books and records, using LLC funds for personal expenses, and amending the LLC’s operating agreement without her consent. As the majority LLC members wanted to extricate themselves from the (extremely litigious) third member, MM&H leveraged a few strategic missteps against the minority member and forced her hand to compel an equitable split of the real estate assets.

In May 2023, MM&H, on behalf of the entity, successfully obtained dissolution of the entity in order to force the appointment of a receiver and the distribution of all remaining assets.