Congel v Malfitano (II)

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March 27, 2018

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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.
Congel v Malfitano II
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See Also

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

Court Case Digests
March 27, 2018

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.