Epstein v. Cantor

Summary

The Appellate Division, Second Department, affirmed an order addressing motions to dismiss claims arising from the dissolution of a law firm. The court held that a written partnership agreement did not conclusively defeat claims for breach of fiduciary duty, violation of Partnership Law § 20(3), and an accounting against the Cantor defendants. The court also upheld dismissal of the claims against the Boyd defendants and denial of Epstein's motion to renew.

Holdings

1. The written partnership agreement did not utterly refute Epstein's factual allegations that he was a partner of CEM or conclusively establish a defense as a matter of law to the second, third, and fourth causes of action against Cantor.
2. The Supreme Court properly adhered to the determination granting the Boyd defendants' motion to dismiss for the reasons stated in the related appeal decision.
3. The Supreme Court properly denied the branch of Epstein's motion for leave to renew his opposition to the Boyd defendants' motion.

Questions Presented

1. Whether the Supreme Court, upon reargument, properly denied the Cantor defendants' motion to dismiss the second, third, and fourth causes of action.
2. Whether the Supreme Court, upon reargument, properly adhered to the prior determination granting the Boyd defendants' motion to dismiss.
3. Whether the Supreme Court properly denied Epstein's motion for leave to renew his opposition to the Boyd defendants' motion to dismiss.

Disposition

affirmed