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NAPOLI v. BERN

Index No. 159576/14. Appeal No. 13762N-13762NA. Case No. 2020-04383. 2020-04384.

194 A.D.3d 423 (2021)

147 N.Y.S.3d 42

2021 NY Slip Op 02757

Paul J. Napoli, Respondent, v. Marc J. Bern, Respondent. Alan Ripka, Nonparty Appellant.

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

Decided May 4, 2021.

Attorney(s) appearing for the Case

Hasapidis Law Offices, Scarsdale ( Annette G. Hasapidis of counsel), for appellant.

Quinn Emanuel Urquhart & Sullivan, LLP, New York ( Luke Nikas of counsel), for Paul J. Napoli, respondent.

Robert & Robert, PLLC, Uniondale ( Clifford S. Robert of counsel), and Law Offices of Michael S. Ross, New York ( Michael S. Ross of counsel), for Marc J. Bern, respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Moulton, Scarpulla, JJ.

This matter arises out of the years'-long dissolution of the firm Napoli Bern Ripka LLP (the NBR Firm) (see e.g. Napoli v Bern, 171 A.D.3d 489 [1st Dept 2019]; Napoli v Bern, 172 A.D.3d 592 [1st Dept 2019]).

The settlement agreement and release negotiated by Napoli, Bern, and Ripka to resolve Ripka's claim for past compensation owed to him by the NBR Firm does not encompass claims made by Ripka's former partner, Seth Rotter, so as either to obligate...

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