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BDO SEIDMAN v. HIRSHBERG

93 N.Y.2d 382 (1999)

712 N.E.2d 1220

690 N.Y.S.2d 854

BDO SEIDMAN, Appellant, v. JEFFREY HIRSHBERG, Respondent.

Court of Appeals of the State of New York.

Decided May 13, 1999.

Attorney(s) appearing for the Case

Willkie Farr & Gallagher, New York City (Michael R. Young and Jeffrey O. Grossman of counsel), Kavinoky & Cook, L. L. P., Buffalo (Joseph J. Welter of counsel), Scott M. Univer and Barbara A. Taylor, of the Illinois Bar, admitted pro hac vice, for appellant.

Jaeckle Fleischmann & Mugel, L. L. P., Buffalo (Philip H. McIntyre and Jennifer M. Demert of counsel), for respondent.

Vedder, Price, Kaufman, Kammholz & Day, New York City (Dan L. Goldwasser and Michael J. Crisafulli of counsel), for New York State Society of Certified Public Accountants, amicus curiae.

Chief Judge KAYE and Judges BELLACOSA, SMITH, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

LEVINE, J.

BDO Seidman (BDO), a general partnership of certified public accountants, appeals from the affirmance of an order of Supreme Court granting summary judgment dismissing its complaint against defendant, who was formerly employed as an accountant with the firm. The central issue before us is whether the "reimbursement clause" in an agreement between the parties, requiring defendant...

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