GIBBS v. BREED, ABBOTT


271 A.D.2d 180 (2000)

710 N.Y.S.2d 578

CHARLES F. GIBBS et al., Appellants, v. BREED, ABBOTT & MORGAN et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

July 13, 2000.


Attorney(s) appearing for the Case

Leslie D. Corwin of counsel (Simon Miller on the brief; Greenberg Taurig, attorneys), for appellants.

Paul R. Grand of counsel (Diana D. Parker and Tracy E. Lehman on the brief; Morvillo, Abramowitz, Grand, Iason & Silberberg, P. C., attorneys), for respondents.

ROSENBERGER, J. P., and LERNER, J., concur with MAZZARELLI, J.; WALLACH and SAXE, JJ., concur in part and dissent in part in a separate opinion by SAXE, J.


OPINION OF THE COURT

MAZZARELLI, J.

Plaintiffs Charles Gibbs and Robert Sheehan are former partners of Breed, Abbott & Morgan (BAM) who specialize in trust and estate law. They withdrew from BAM in July 1991 to join Chadbourne & Parke (Chadbourne), and brought this action for monies due to them under their BAM partnership agreement. Defendants asserted various counterclaims alleging that plaintiffs breached...

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