MATTER OF SILAGI


146 A.D.2d 555 (1989)

In the Matter of the Arbitration between Robert Silagi, Respondent, and Guazzo, Perelson, Rushfield & Guazzo, P. C., as Successor to Guazzo, Silagi, Craner & Perelson, P. C., Appellant

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

January 31, 1989


The threshold question in this proceeding to stay arbitration is whether the payments to be made pursuant to the agreement between the parties were "retirement benefits", in which case the prohibition of DR 2-108 of the Code of Professional Responsibility against agreements restricting the right of a lawyer to practice law would not apply. Petitioner had been a partner for 14 years in the predecessor of respondent law firm when the parties executed the subject agreement in...

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