Michael A. Saffer and Brian M. Block, Partners at Mandelbaum Barrett PC’s Litigation Practice Group secured a significant appellate victory preserving an $18.135 million valuation of our client’s ownership interest in a limited liability company—more than double the $9 million valuation proposed by the other members. On September 30, 2025, the Appellate Division granted our motion to dismiss the opposing members’ appeal, accepting our argument that a pre-trial agreement as to liability waived appellate rights.
This outcome is highly unusual, as appeals courts rarely dismiss appeals on motion making the result all the more meaningful for our client.
The Dispute
Before trial, both sides signed a Settlement Agreement as to Liability Only, allowing the court to decide the sole remaining issue: the value of our client’s ownership stake. The intent of the agreement was clear – the trial court’s valuation was final, and the plaintiff would pay that amount. When the court determined our client’s interest was worth $18.135 million, the other members sought to appeal. Our team filed a motion to dismiss, arguing that the Settlement Agreement barred either side from challenging the trial court’s decision.
The Decision
The Appellate Division agreed, holding that the settlement’s structure effectively ended the dispute and left no room for appeal. In a rare move, the court dismissed the appeal outright, affirming the trial court’s valuation and preserving our client’s full $18.1 million award.
Why It Matters
This decision underscores how carefully crafted settlement agreements can bring real closure to complex business disputes. Courts will enforce settlement agreements that are designed to limit further litigation—saving clients time, cost, and uncertainty. It also highlights Mandelbaum Barrett’s strategic approach to achieving lasting, enforceable outcomes in high-value partnership and ownership disputes.