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CHIAMPOU TRAVIS BESAW & KERSHNER, LLP v. PULLANO

1185 CA 20-00151.

194 A.D.3d 1480 (2021)

2021 NY Slip Op 02967

Chiampou Travis Besaw & Kershner, LLP, et al., Respondents, v. Gerald F. Pullano, Appellant.

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

Decided May 27, 2021.

Attorney(s) appearing for the Case

PHILLIPS LYTLE LLP, BUFFALO ( DAVID J. McNAMARA OF COUNSEL), FOR DEFENDANT-APPELLANT.

LEWANDOWSKI & ASSOCIATES, WEST SENECA ( BRIAN N. LEWANDOWSKI OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Present—Carni, J.P., Lindley, Curran, Winslow and DeJoseph, JJ.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, those parts of defendant's second counterclaim seeking to enforce the acceleration clause and seeking late charges are granted, and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Defendant, who was a former partner in plaintiff Chiampou Travis Besaw & Kershner, LLP (CTBK), also held an...

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