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RSSM CPA LLP v. BELL

6930, 653533/14.

162 A.D.3d 554 (2018)

80 N.Y.S.3d 21

2018 NY Slip Op 04645

RSSM CPA LLP, Appellant, v. Corey D. Bell, et al., Defendants, and Michael Bernstein, Respondent. (And Third-Party Actions.)

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

Decided June 21, 2018.

Defendant established prima facie on his breach of contract counterclaim that he was entitled to the balance of his capital account after leaving plaintiff's employ through his employment agreement, which provided that, upon his withdrawal from plaintiff "for any reason," plaintiff "shall pay to" defendant "the balance of his capital account" (see generally Bailey v Fish & Neave, 8 N.Y.3d 523

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