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MATTER OF GERBER v. GOLDBERG SEGALLA LLP

784 CA 20-01590.

199 A.D.3d 1354 (2021)

156 N.Y.S.3d 628

2021 NY Slip Op 06241

In the Matter of Daniel W. Gerber et al., Appellants, v. Goldberg Segalla LLP, Respondent. (Appeal No. 2.).

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

Decided November 12, 2021.

Attorney(s) appearing for the Case

VAHEY LAW OFFICES, PLLC, ROCHESTER ( LAURIE A. VAHEY OF COUNSEL), FOR PETITIONERS-APPELLANTS.

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

Present—Carni, J.P., Lindley, Winslow and Bannister, JJ.

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

Memorandum: Petitioners are former equity partners of respondent law firm. In 2015, they executed a Partnership Agreement (PA), which contained a withdrawal provision providing that the withdrawal of an equity partner extinguished that partner's interest in the partnership and his or her rights to receive a return of capital...

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