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BAINTON v. BARAN

287 A.D.2d 317 (2001)

731 N.Y.S.2d 161

J. JOSEPH BAINTON, Appellant, v. BARBARA BARAN et al., Respondents.

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

Decided October 16, 2001.

In this action brought by a terminated equity partner in a law firm, the motion court properly dismissed the cause of action against the law firm for breach of the implied covenant of good faith. Contrary to plaintiff's contention, unlike the circumstance in Wieder v Skala (80 N.Y.2d 628), plaintiff was not expected to choose between continuing his partnership and unethical behavior, since he engaged in the conduct that allegedly...

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