Legal Opinion

Heher v. Smith

Supreme Court of New Jersey

Decided December 5, 2001PublishedCited by 4 opinions

1Opinion of the Court

The opinion of the Court was delivered by

COLEMAN, J.

The issue presented in this appeal is whether a notice defense contained in a law firm’s Partnership Agreement (Agreement) should be disallowed based on special circumstances and equities reflected in the long and tortuous procedural history of the case. We hold that, on this record, the notice requirement in the Agreement is not enforceable.

I

Plaintiff, Garrett M. Heher, was a partner in the law firm of Smith, Stratton, Wise, Heher, and Brennan (SSWH & B) from 1966 to August 4, 1986 when he voluntarily withdrew from the firm. As a partner,…

2Cases cited3 opinions

  1. Jacob v. Norris, McLaughlin & MarcusSupreme Court of New Jersey · 1992
  2. Weiss v. Carpenter, Bennett & MorrisseySupreme Court of New Jersey · 1996
  3. Heher v. Smith, Stratton, Wise, Heher and BrennanSupreme Court of New Jersey · 1996

3Cited by4 opinions

  1. Saffos v. Avaya, Inc.New Jersey Superior Court Appellate Division · 2011
  2. Borteck v. RIKER, DANZIGNew Jersey Superior Court Appellate Division · 2003
  3. Henry v. New Jersey Department of Human ServicesSupreme Court of New Jersey · 2010
  4. Henry v. New Jersey Department of Human ServicesSupreme Court of New Jersey · 2010

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