Oppenheim & Co. v. Bernstein
Opinion of the Court
—Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered August 4, 1992, after a nonjury trial, awarding plaintiff damages in an action to recover legal fees, unanimously affirmed, with costs.
Assuming arguendo, as defendant client maintains, that plaintiff law firm erroneously advised him that the partnership in question was for a specified term and not at will, such advice could not have harmed defendant, the trial court having found, based on its assessment of defendant’s credibility (see, Claridge Gardens v Menotti, 160 AD2d 544), that defendant would have instituted and continued the action against his partners regardless of plaintiff’s advice. Thus, it cannot be said that "but for” such advice the results in the partnership action would have been favorable (see, Zarin v Reid & Priest, 184 AD2d 385, 386-387). Moreover, since the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.