HS Secures Unanimous Appellate Decision for First New York Affirming Dismissal of Former Partner’s Claims

April 17, 2026

A Harris St. Laurent LLP team led by partner Adam Oppenheim secured an appellate victory for client First New York (FNY), affirming the dismissal of all claims brought by former FNY partner Will McIntyre following FNY’s motion for summary judgment. The Trial Court had previously granted FNY summary judgment, holding that FNY was permitted to forfeit amounts in McIntyre’s capital account when he violated a restrictive covenant in the business’s operating agreement. The ruling preserves FNY’s counterclaim against McIntyre for breach of contract.

McIntyre brought his suit in 2020, challenging the enforceability of FNY’s operating agreement. McIntyre had resigned from the firm the year before and, when he violated the Non-Participation provision in FNY’s operating agreement, FNY forfeited amounts in his capital account to which he otherwise would have been entitled. McIntyre argued that the provision was an unfair restraint on competition and that forfeiture was not a contemplated remedy. FNY maintained that forfeiture was both a contemplated and enforceable consequence of the breach of the so-called “forfeiture-for-competition” provision McIntyre had agreed to.

In affirming the lower court’s ruling, the Appellate Division agreed that FNY had acted within the terms of the governing agreement and rejected McIntyre’s arguments that the relevant provisions were unenforceable or contrary to public policy.

Oppenheim led a team of litigators in a multi-year effort that included counsel Ashley Robinson.