Ederer v. Gursky
Court of Appeals of New York
881 N.E.2d 204 (2007)
Louis Ederer (plaintiff), an attorney, joined the law firm of Steven Gursky (defendant). The firm began as Gursky and Ederer, P.C. (the PC) and eventually became a limited liability partnership called Gursky and Ederer, LLP (the LLP). The LLP consisted of Gursky, Ederer, and three other attorneys. They did not create a written partnership agreement. During his time with the law firm, Ederer entered into various financial agreements with the PC and LLP. Among other arrangements, the LLP agreed to repay a personal loan Ederer made to the PC. When Ederer decided to leave the firm in June 2003, he entered into a withdrawal agreement, which promised him a set level of compensation for the rest of the year. In December 2003, Ederer sued the PC, the LLP, Gursky, and the three other partners for breach of contract relating to the withdrawal agreement and personal loan debt. The individual defendants moved to dismiss the complaint as to them, arguing that the limited liability partnership entity shielded partners from personal liability. The trial court denied the motion to dismiss, and the Appellate Division affirmed.
Rule of Law
Holding and Reasoning (Read, J.)
Dissent (Smith, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.