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Roche Freedman LLP v. Cyrulnik

Issues of Fact Exist as to Whether Firm's Founding Partner Was Removed for Cause

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ADDITIONAL CASES Jason Cyrulnik, Counterclaim-Plaintiff v. Roche Freedman LLP, et al., Counterclaim-Defendants OPINION AND ORDER The plaintiff, Roche Freedman LLP (the “Firm”) brought this action for a declaratory judgment, breach of fiduciary duty, and intentional interference with contract against Jason Cyrulnik (“Cyrulnik”), a founding partner of the Firm.1 See ECF No. 31. Jurisdiction is based on diversity of citizenship. See 28 U.S.C. §1332. Cyrulnik then brought a host of statutory and common-law counterclaims against the Firm and five of its then-attorneys — Kyle Roche, Devin Freedman, Amos Friedland, Nathan Holcomb, and Edward Normand (the “Individual Counterclaim-Defendants” and, with the Firm, the “Counterclaim-Defendants”) — arising from what Cyrulnik alleges was his wrongful removal from the Firm. See ECF No. 73

103-74.2 In a Memorandum Opinion and Order dated March 28, 2023, this Court granted in part and denied in part the Individual Counterclaim-Defendants’ motions to dismiss the counterclaims. See Roche Freedman LLP v. Cyrulnik, No. 21-cv-1746, 2023 WL 2663648, at *1, *10 (S.D.N.Y. Mar. 28, 2023)(“March 2023 Opinion”), ECF No. 374.3 Cyrulnik’s surviving counterclaims include the following: (1) dissolution pursuant to Florida Statutes §620.8801; (2) statutory buyout against the Firm pursuant to Florida Statutes §620.8701; (3) an accounting pursuant to Florida Statute §620.8403; (4) breach of contract (against the Individual Counterclaim-Defendants); (5) breach of the covenant of good faith and fair dealing (against the Individual Counterclaim-Defendants); (6) breach of fiduciary duty (against the Individual Counterclaim-Defendants); (7) conversion; (8) unjust enrichment; (9) promissory estoppel (against the Individual Counterclaim-Defendants); and (10) civil conspiracy (against the Individual Counterclaim-Defendants). See March 2023 Opinion, at *1, *10; ECF No. 72

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