Kevin Szanyi recently obtained a favorable decision on behalf of Samuel Capizzi in the first phase of his lawsuit against Brown Chiari LLP and partners James Brown and Donald Chiari. Mr. Capizzi was a partner in Brown Chiari LLP until he withdrew from the partnership in January 2016. Pursuant to New York Partnership Law, Mr. Capizzi’s withdrawal from the firm results in a dissolution of the firm. Mr. Brown and Mr. Chiari, however, denied that Mr. Capizzi was an equity partner and asserted that, as a result, the firm was not dissolved. By his lawsuit, Mr. Capizzi requested an order declaring the firm Brown Chiari LLP was dissolved effective January 8, 2016 and that defendants are required to wind up the affairs of the firm and provide a complete accounting of firm assets, liabilities, income and expenses to Mr. Capizzi. The case is pending before Honorable Timothy J. Walker, who bifurcated the trial and limited the first phase to the sole question of whether Mr. Capizzi was an equity partner in the firm at the time of his withdrawal. Following a non-jury trial over the course of 20 days, Justice Walker ruled in favor of Mr. Capizzi and ordered and declared that as of the date of his resignation from Brown Chiari LLP, Mr. Capizzi was an equity partner in the firm.
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Senior Staff Attorney, Honda North America, Inc.
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General Counsel, Sevenson Environmental Services, Inc