GIAIMO & VREEBURG v. SMITH


192 A.D.2d 41 (1993)

Giaimo & Vreeburg et al., Appellants, v. James T. Smith, Respondent

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

July 6, 1993


Attorney(s) appearing for the Case

Giaimo & Vreeburg, Kew Gardens (Joseph Giaimo of counsel), appellant pro se and for others, appellants.

Goodkind, Labaton & Rudoff, New York City (Brian D. Caplan of counsel), for respondent.

BRACKEN and EIBER, JJ., concur with THOMPSON, J. P.; RITTER and MILLER, JJ., concur in part and dissent in part in a separate opinion by RITTER, J.


THOMPSON, J. P.

The plaintiff attorneys commenced the instant action alleging that the defendant, their former client, improperly discharged them based solely upon their race. The defendant, who is known professionally as "LL Cool J", is black; the plaintiff attorneys, Giaimo & Vreeburg, are white.

The amended verified complaint contains several causes of action, but those relevant to the instant...

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