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Business Organizations Keyed to Allen
Pappas et al v. Tzolis
Citation:
20 N.Y.3d 231 (N.Y. Ct. App. 2012).Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
In 2006, the parties formed an LLC for the purpose of entering into a long term lease in Lower Manhattan. Pappas and Tzolis each contributed $50,000 to the LLC and Ifantopoulos contributed $25,000. The membership shares were proportionate to these contributions. Pursuant to the operating agreement, defendant posted a $1,192,500 security deposit on the lease and was permitted to sublet the property for $20,000 per month. Business disagreements arose between the plaintiffs and defendant, with plaintiffs alleging that defendant blocked further development of the property.
On January 18, 2007, defendant purchased plaintiffs membership interests for $1,000,000 and $500,000. At closing, the parties executed a “Certificate” whereby the plaintiffs released defendant of any fiduciary duty and stipulated that they did not rely on any representations made by defendant.
In August 2007, defendant assigned the lease to another company for $17,500,000. Plaintiffs thereafter came to believe that defendant had secretly negotiated this deal prior to his purchase of the LLC.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.
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