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CAPIZZI v. BROWN CHIARI LLP

1028 CA 19-01828.

194 A.D.3d 1457 (2021)

2021 NY Slip Op 02956

Samuel J. Capizzi, Respondent, v. Brown Chiari LLP et al., Appellants. (Appeal No. 1.).

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

Decided May 27, 2021.

Attorney(s) appearing for the Case

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( R. ANTHONY RUPP, III , OF COUNSEL), FOR DEFENDANTS-APPELLANTS BROWN CHIARI LLP AND DONALD P. CHIARI.

HODGSON RUSS LLP, BUFFALO ( BENJAMIN M. ZUFFRANIERI, JR. , OF COUNSEL), FOR DEFENDANT-APPELLANT JAMES E. BROWN.

WEBSTER SZANYI LLP, BUFFALO ( KEVIN A. SZANYI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Centra, J.P., Lindley, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: After resigning from defendant law firm Brown Chiari LLP (firm or defendant firm), plaintiff attorney commenced this action seeking, among other things, a declaration that the firm was dissolved and money damages, including profits that he alleged had been wrongfully withheld from him. Defendants James E. Brown and Donald P. Chiari have maintained that they were...

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