Legal Opinion

Denburg v. Flattau & Klimpl

New York Court of Appeals

Decided November 18, 1993PublishedCited by 105 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

In this dispute between a law firm and a former partner, we agree with the Appellate Division that a provision in the partnership agreement requiring certain payments upon a *378partner’s withdrawal is unenforceable under Cohen v Lord, Day & Lord (75 NY2d 95). Nevertheless, we conclude that the Appellate Division erred in granting the former partner’s summary judgment motion because there are disputed factual issues surrounding a purported settlement agreement. Accordingly, we modify and remit to the trial court for further proceedings.

I

In 1983, the partners…

2Cases cited16 opinions

  1. Hallock v. StateNew York Court of Appeals · 1984
  2. Jacob v. Norris, McLaughlin & MarcusSupreme Court of New Jersey · 1992
  3. McConnell v. Commonwealth Pictures Corp.New York Court of Appeals · 1960
  4. Cohen v. LordNew York Court of Appeals · 1989
  5. Lloyd Capital Corp. v. Pat Henchar, Inc.New York Court of Appeals · 1992

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3Cited by105 opinions

  1. Rocanova v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1994
  2. BDO Seidman v. HirshbergNew York Court of Appeals · 1999
  3. Solow v. W. R. Grace & Co.New York Court of Appeals · 1994
  4. Matter of CoopermanNew York Court of Appeals · 1994
  5. People v. Applied Card Systems, Inc.New York Court of Appeals · 2008

100 more not listed; retrieve them via the Exa API.

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