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DENBURG v. PARKER CHAPIN

82 N.Y.2d 375 (1993)

624 N.E.2d 995

604 N.Y.S.2d 900

Howard S. Denburg, Respondent, v. Parker Chapin Flattau & Klimpl, Appellant.

Court of Appeals of the State of New York.

Decided November 18, 1993.

Attorney(s) appearing for the Case

Parker Chapin Flattau & Klimpl, New York City (Alvin M. Stein, Mark Abramowitz and Amos Alter of counsel), appellant pro se.

Fried, Frank, Harris, Shriver & Jacobson, New York City (Sheldon Raab, Honey L. Kober and Dino Fusco of counsel), for respondent.

Judges SIMONS, TITONE, HANCOCK, JR., SMITH and LEVINE concur with Chief Judge KAYE; Judge BELLACOSA dissents in a separate opinion.

Chief Judge KAYE.

In this dispute between a law firm and a former partner, we agree with the Appellate Division that a provision in the partnership agreement requiring certain payments upon a partner's withdrawal is unenforceable under Cohen v Lord, Day & Lord (75 N.Y.2d 95). Nevertheless, we conclude that the Appellate...

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