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Personal Knowledge of Malpractice Can't Be Imputed to Firm

New York Law Journal

July 17, 2003

Just the fact that a partner had a long history of misconduct doesn't necessarily mean his firm knew about it, a New York court has found. Manhattan Supreme Court Justice Herman Cahn found for a landlord-tenant firm, which sued Chicago Insurance Co. to compel it to provide a defense to malpractice claims arising from a partner's misdeeds. The insurer had refused on the grounds that the partner's knowledge of his misconduct should be imputed to the firm.

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