Jeffrey A. Jannuzzo, Esq.

Cases

Reported Partnership Cases

Bailey v. Fish & Neave, 8 N.Y.3d 523, 837 N.Y.S.2d 600 (2007). Law firm purported to amend its partnership agreement to defease departing partners of their accrued but unpaid compensation, and their share of contingent fees collected after their departure.

Melcher v. Apollo Management, 25 A.D.3d 482, 808 N.Y.S.2d 207 (First Dept. 2006). Upheld a claim for breach of fiduciary duty against a co-owner of a hedge fund management company; the clause in the company's Operating Agreement allowing members to pursue other business interests did not allow co-owner to divert business opportunities into his own company.

Evans v. Winston & Strawn, 303 A.D.2d 331, 757 N.Y.S.2d 532 (First Dept. 2003). Summary judgment granted to departing partners, rejecting law firm's purported amendment of partnership agreement in connection with a merger, which attempted to defease partners of their capital and unpaid compensation.

Wolfson v. Rosenthal, 210 A.D.2d 47, 619 N.Y.S.2d 43 (First Dept. 1994). Summary judgment awarded to dissenting partner, against remaining partners who merged with another firm, but who refused to pay dissenting partner his share of the firm by pretending that no merger had occurred.

Byrne v. Keefe, 217 A.D.2d 529, 629 N.Y.S.2d 764 (First Dept., Jul 27, 1995). Upheld a verdict for breach of fiduciary duty against a partner who solicited the firm's clients for his new firm, prior to notifying his fellow partners.

Partnership Arbitrations Publicly Filed

Wise & Shepard v. Barton, 99 CV 2694 (S.D.N.Y. 1999). Award for law firm on counterclaim against departed California office. Attorneys' fees over $400,000 awarded.

Roberts v. Finger, 15 Misc.3d 1118(A), 839 N.Y.S.2d 436, 2007 WL 1093487 (Sup.Ct. N.Y.Co. 2006). Award for law firm dismissing claim by former partner for alleged share of assets of dissolved firm. Costs and attorneys' fees of $383,000 awarded against former partner. Decision.

Goldberg v. Thelen Reid Brown Raysman & Steiner LLP, --- N.Y.S.2d ----, 2008 WL 2492255 (First Dept. 2008). Award for former partner for breach of contract, including award of costs and attorneys's fees against Thelen Reid for e.g., filing a frivolous counterclaim against the former partner. Decision.

Reported Malpractice Cases

Darby & Darby, P.C. v. VSI Intern., Inc., 95 N.Y.2d 308, 739 N.E.2d 744, 716 N.Y.S.2d 378, 57 U.S.P.Q.2d 1155 (2000). Established that a law firm cannot be liable for malpractice for "failing" to advise a client about a novel theory of insurance coverage. This case has been cited more than 40 times in case law, and over 50 times in secondary sources, and effectively ended the nationwide campaign to create such a cause of action against lawyers.

Kirschner v. Mills, 274 A.D.2d 786, 711 N.Y.S.2d 65 (Third Dept. 2000). Annulled the conviction of dentist for giving expert opinions against personal injury plaintiffs who exhibited no verifiable symptoms. This is one of only two annulments of any professional misconduct charge against a dentist in reported N.Y. case law.

HNH Intern., Ltd. v. Pryor Cashman Sherman & Flynn LLP, 19 Misc.3d 1107(A), 2008 WL 763383 (Sup.Ct. N.Y.Co. 2008). Malpractice claim against law firm that gave copyright clearance for sound recordings that were in fact protected by common law copyright. Appeal to the First Dept. perfected for the September 2008 Term.

Other Selected Cases

Melcher v. Apollo Management, --- N.Y.S.2d ----, 2008 WL 2277589 (First Dept. 2008). Established a question of first impression in New York: that computer "cloning" may not be ordered unless there has been a showing of intentional deletion of data during a lawsuit.

Vodola v. Lambert, 116 A.D.2d 641, 497 N.Y.S.2d 720 ( Second Dept.1986). In a pro bono matter taken at the request of the FBI, restored title to a family's home, transferred by someone in the witness protection program in payment of a gambling debt; trial judge who declined to accept evidence regarding gambling issue removed from the case.

Gettner v. Getty Oil Co., 266 A.D.2d 342, 701 N.Y.S.2d 64 (Second Dept. 1999). Upheld a damage award after a month-long trial against an oil company which refused to clean up property it contaminated.

Berliner Handels-Und Frankfurter Bank, New York Branch v. Coppola, 214 A.D.2d 426, 625 N.Y.S.2d 188, Fed. Sec. L. Rep. P 98,784 (First Dept. 1995). Rejected attempt by stock trader to create a private right of action against lender based on SEC Regulation U concerning margin trading