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Gorman v. Grodensky

Supreme Court of New York
498 N.Y.S.2d 249 (1985)


Facts

Attorneys Maurice Grodensky (defendant) and David LeSchack were partners at their law firm, LeSchack & Grodensky, P.C. (L&G). L&G operated a business known as the Collection Division, which collected the debts of clients who owed L&G fees. Herman Gorman (plaintiff) and Grodensky entered into an agreement stating that Gorman would be the Collection Division’s office manager in exchange for a weekly salary and one-third of the Collection Division’s net profits. Gorman was not an attorney. After LeSchack died, Gorman and Grodensky amended the original agreement to state that the net profits of the Collection Division would be divided equally between them, with 50 percent going to Gorman and 50 percent going to Grodensky. Gorman was later terminated. Gorman filed a complaint against Grodensky, alleging that Grodensky had failed to pay under the amended agreement. Gorman filed a motion for summary judgment, and Grodensky filed a cross-motion to dismiss the complaint.

Rule of Law

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Issue

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Holding and Reasoning (Cahn, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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