HSW Wins Decisive Victory for First New York in Lawsuit Brought by Former Partner

August 25, 2025

A Harris St. Laurent & Wechsler LLP team led by partner Adam Oppenheim secured a significant win for client First New York (FNY) in a lawsuit brought by one of its former partners challenging the enforceability of its operating agreement. In the decision, Justice Verna Saunders of the New York State Supreme Court granted HSW’s cross-motion for summary judgment, dismissed McIntyre’s complaint in its entirety, and permitted only FNY’s counterclaims to proceed to trial.

In his lawsuit, FNY’s former partner Will McIntyre sued the business when his capital account was forfeited after his departure from the firm. McIntyre asserted various claims against his former employer, including breaches of fiduciary duty and breach of contract. FNY maintained that as a result of his post-employment conduct, the forfeiture was authorized by the same operating agreement that McIntyre himself had previously enforced against others. In dismissing all of McIntyre’s claims, Justice Saunders agreed that FNY had acted within the terms of the governing agreement.

“We are thrilled for our client and grateful to the court for recognizing that FNY’s actions were authorized by the operating agreement,” said Oppenheim. “While this is a complete victory, I’m reminded that nothing in litigation comes easy. This decision was the result of years of hard work by our team. We could not be more thankful to have clients who trust our firm to fight all the way to the finish.”

Oppenheim led a team of litigators in a multi-year effort that included associate Ashley Robinson and partners Daniel Grossman and Alisha McCarthy.