New York Court of Appeals

Graubard Mollen Dannett & Horowitz, Respondent v. Irving Moskovitz, Appellant, Defendants

July 6, 199586 N.Y.2d 112

Summary

The New York Court of Appeals affirmed the Appellate Division's denial of summary judgment, holding that the plaintiff's breach of fiduciary duty, breach of contract, and fraud claims against the departing partner survive because genuine issues of material fact exist. The court reasoned that pre‑resignation solicitation of firm clients and false representations about client integration are actionable.