Business Associations Keyed to Hamilton
Kus v. Irving
Facts
Kus (Plaintiff) brought suit against his attorney Irving (Defendant), who was a partner in a limited liability partnership law firm with Dubicki (Defendant) and Camassar (Defendant). Kus (Plaintiff) claimed that Irving (Defendant) was guilty of various acts of misconduct, and Kus (Plaintiff) also named Dubicki (Defendant) and Camassar (Defendant) in the action. Dubicki (Defendant) and Camassar (Defendant) moved for summary judgment, on the grounds that they had no personal knowledge of the dealings between Irving (Defendant) and Kus (Plaintiff), did not benefit from Irving’s (Defendant) misconduct, did not supervise or use control over Irving (Defendant), and were protected from liability by the state’s limited liability partnership statute, which stated that “a partner in a registered limited liability partnership is not liable directly or indirectly . . . for any debts, obligations and liabilities . . . chargeable to the partnership or another partner or partners . . . arising in the course of the partnership business while the partnership is a registered limited liability partnership” unless such liability is based on his own negligence, wrongful acts or misconduct, or that of any individual under his direct supervision and control.
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