The NYLJ reports this case:
Goldston v. Bandwidth Technology Corp., 112098/04
Decided: March 6, 2007 Justice Rolando T. Acosta
NEW YORK COUNTY
"This matter, tried before the Court without a jury, primarily revolves around whether the retainer agreement executed by plaintiff Alan M. Goldston on behalf of his law firm, Goldston & Schwab ("G&S"), and Jonathan Star, Bandwidth Technology Corp. and Bandwidth Holdings Corp. ("Bandwidth")’s president, board member and shareholder, is enforceable. Pursuant to the retainer agreement, G&S would be compensated with two percent of the company stock. The Court, by order dated September 29, 2006, found, inter alia, triable issues of fact as to whether Star, as president of Bandwidth, a start-up corporation where informal action had been customary, had the authority to enter into the retainer agreement with G&S. The Court also found triable issues of fact as to whether the retainer was enforceable as a "general" retainer or unenforceable as a "non-refundable special retainer," which would entitle plaintiff to be compensated in quantum meruit only. The Court’s Order was affirmed on September 21, 2006. Goldston v. Bandwidth Technology Corp., 32 A.D.3d 747 (1st Dept. 2006). "