Constitutional Challenge to Publication Requirement

In Barklee Realty v. Pataki (NY, Appellate Division), Atlantic Legal supported a due process challenge to publication requirements for limited liability companies (costs of up to $1,640) to file lawsuits (not required of corporations, partnerships or LLPs). Atlantic Legal’s clients are three large real-property owner trade groups representing almost 50,000 New York property owners, ranging from very small to very large, and a medium-size residential real estate owner in New York City. The Appellate Division, First Department, has reversed the trial court, unpersuaded by Atlantic Legal’s contentions. Barklee Realty will ask the Court of Appeals to review the Appellate Division’s ruling.