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GRAUBARD MOLLEN v. MOSKOVITZ

86 N.Y.2d 112 (1995)

653 N.E.2d 1179

629 N.Y.S.2d 1009

Graubard Mollen Dannett & Horowitz, Respondent, v. Irving Moskovitz, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 6, 1995.

Attorney(s) appearing for the Case

Herrick, Feinstein, L. L. P., New York City (Christopher J. Sullivan, Harvey S. Feuerstein and Geri S. Krauss of counsel), for appellant.

Graubard Mollen Horowitz Pomeranz & Shapiro, New York City (Scott E. Mollen, Gary S. Mayerson and Y. David Scharf of counsel), respondent pro se.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

Chief Judge KAYE.

This appeal focuses on a modern-day law firm fixture: the revolving door. With charges of faithless deserting partners and countercharges of a vindictive abandoned firm, the key question becomes whether departing partners can "solicit" clients of the firm. Here we decide only that plaintiff law firm's allegations of breach of fiduciary duty, breach of contract and fraud are sufficient to withstand...

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