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MATTER OF CITIGROUP GLOBAL MARKETS, INC. v. FIORILLA

10621. 653017/13.

178 A.D.3d 567 (2019)

114 N.Y.S.3d 345

2019 NY Slip Op 09107

In the Matter of Citigroup Global Markets, Inc., et al., Respondents, v. John Leopold Fiorilla, Appellant.

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

Decided December 19, 2019.

Attorney(s) appearing for the Case

Law Office of Bernard V. Kleinman, PLLC, Somers ( Bernard V. Kleinman of counsel), for appellant.

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York ( Audra J. Soloway of counsel), for respondents.

Concur—Friedman, J.P., Webber, Gesmer, Kern, JJ.

In 2010, Fiorilla commenced a FINRA arbitration against petitioners. In April 2012, with express authorization from Fiorilla, his attorney, Toskes, settled with petitioners in exchange for $800,000. The parties confirmed the settlement in writing with FINRA. Fiorilla changed his mind and directed Toskes to proceed to arbitration. Toskes refused and Fiorilla fired him. Successor counsel for Fiorilla persuaded FINRA that the parties had not settled.

Fiorilla filed a...

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