A unanimous state appeals panel has rejected a developer’s attempt to reclaim $5 million in fees from Boies Schiller & Flexner on the grounds that the firm breached an oral agreement to have name partner David Boies serve as lead trial counsel for G.K. Las Vegas Limited Partnership in a commercial lawsuit.

In G.K. Las Vegas Limited Partnership v. Boies Schiller & Flexner, 652486/11, the Appellate Division, First Department, on June 14 affirmed a decision by Manhattan Supreme Court Justice Bernard Fried (See Profile), who refused to vacate an arbitral award in favor of the law firm in November 2011.