75 N.Y.2d 95 (1989)

Richard G. Cohen, Appellant, v. Lord, Day & Lord, Respondent.

Court of Appeals of the State of New York.

Decided December 19, 1989.

Attorney(s) appearing for the Case

Geoffrey C. Hazard, Jr., of the Connecticut Bar, admitted pro hac vice, and Barry H. Singer for appellant.

Robert G. Morvillo, Stephen Gillers and Frederick N. Saal for respondent.

Judges SIMONS, KAYE, ALEXANDER and TITONE concur with Judge BELLACOSA; Judge HANCOCK, JR., dissents and votes to affirm in a separate opinion in which Chief Judge WACHTLER concurs in another separate dissenting opinion.


A law firm partnership agreement which conditions payment of earned but uncollected partnership revenues upon a withdrawing partner's obligation to refrain from the practice of law in competition with the former law firm restricts the practice of law in violation of Disciplinary Rule 2-108 (A) of the New York Code of Professional Responsibility and is unenforceable in these circumstances as against...

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