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Recent News

Litigation Group Wins Verdict in Supreme Court on Behalf of Chiropractor Alleged to Have Breached Restrictive Covenant in Contract for Sale of Practice

On March 27, 2008, the Firm won a non-jury verdict in Supreme Court, Suffolk County, on behalf of our client, a chiropractor, in a dispute over a contract for the sale of her chiropractic practice to the purchaser/plaintiff. The plaintiff claimed that our client had breached the restrictive covenant contained in the contract, and sought monetary damages. Our client counterclaimed for damages stemming from the plaintiff’s failure to pay the remainder of the note in accordance with the contract. Russell Penzer and Giuseppe Franzella of the Firm’s Litigation Practice Group successfully argued before the Hon. Peter Fox Cohalan that the plaintiff did not suffer any damages from the alleged breach and therefore was not entitled to recovery, and that our client was entitled to payment of the note. Justice Cohalan, ruling from the bench, found in favor of our client and denied recovery to the plaintiff.