In Wrongful Dissolution, New York’s High Court Approves FMV Valuation

BVLaw
Court Case Digests
March 27, 2018
6512 Operators of Nonresidential Buildings
531120 Lessors of Nonresidential Buildings (except Miniwarehouses)
contract
goodwill, discount for lack of control (DLOC), expert testimony, discount for lack of marketability (DLOM), going concern, liquidation, standard of value, partnership dispute, implied minority discount

Congel v Malfitano (II)
2018 N.Y. LEXIS 496
US
State Court
New York
Court of Appeals
Unknown (plaintiffs); unknown (defendant)
Fahey

Summary

In wrongful partnership dissolution, New York high court finds, under applicable statute, exiting partner’s interest may be valued under FMV standard of value; where exiting partner’s interest is minority interest, DLOM and minority discount may apply.

See Also

Congel v Malfitano (II)

In wrongful partnership dissolution, New York high court finds, under applicable statute, exiting partner’s interest may be valued under FMV standard of value; where exiting partner’s interest is minority interest, DLOM and minority discount may apply.