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260-261 MADISON AVENUE, LLC v. BOWER MONTE & GREENE, P.C.

399, 650187/12, 590190/12.

137 A.D.3d 457 (2016)

25 N.Y.S.3d 880

2016 NY Slip Op 01570

260-261 MADISON AVENUE, LLC, Appellant, v. BOWER MONTE & GREENE, P.C., et al., Defendants, and GUY A. LAWRENCE, Respondent. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, First Department.

Decided March 3, 2016.

The term "withdraws," as employed in the parties' unambiguous guaranty and interpreted according to its plain meaning, refers to a voluntary act. Because defendants, who are seasoned attorneys, chose not to employ terms such as "involuntarily withdraws," "withdraws for cause," "is terminated" or other similar language, it is reasonable to conclude that they did not intend for an attorney departing the firm under such involuntary...

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