HACKETT v. MILBANK, TWEED


86 N.Y.2d 146 (1995)

654 N.E.2d 95

630 N.Y.S.2d 274

Kevin R. Hackett, Respondent, v. Milbank, Tweed, Hadley & McCloy, Appellant.

Court of Appeals of the State of New York.

Decided July 5, 1995.


Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy, New York City (Russell E. Brooks and David R. Gelfand of counsel), for appellant pro se.

Fryer & Ross, New York City (Gerald E. Ross of counsel), and Charles W. Wolfram, Ithaca, for respondent.

Judges TITONE, BELLACOSA, LEVINE and CIPARICK concur; Chief Judge KAYE and Judge SMITH taking no part.


SIMONS, J.

Petitioner was formerly a partner in respondent but now is a member of another firm. He contends that respondent owes him a supplemental payment, authorized for withdrawing partners under the Milbank, Tweed Articles of Partnership, and that its denial of the payment constitutes an impermissible forfeiture of earned but undistributed income and an impermissible restraint on the practice of law under...

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