Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
LOUIS
STATE OF MISSOURI
In the Matter of
)
)
The Estate of Merle L. Silverstein,
)
Marcelyn Silverstein, Personal
)
Representative,
)
)
Plaintiff,
)
)
v.
)
)
Rosenblum, Goldenhersh, Silverstein &
)
Zafft, P.C. a/k/a Rosenblum Goldenhersh, P.C, )
)
Defendant.
)
)
)
Serve: Carl C. Lang, Esq.
)
Rosenblum, Goldenhersh, Silverstein )
& Zafft, P.C.
)
th
7733 Forsyth Blvd., 4 Floor
)
Clayton, MO 63105
)
Cause Number:
Division Number:
2.
14SL-CC04076
through the date of Merle L. Silversteins death, Merle L. Silverstein was a loyal, faithful
Partner, Shareholder and employee in and of Rosenblum, Goldenhersh, Silverstein &
Zafft and was a substantial factor in the success of Rosenblum, Goldenhersh,
Silverstein & Zafft.
6.
Silverstein & Zafft, P.C. changed in that Merle L. Silverstein no longer was a
Shareholder in said law firm, but, instead, an employee of said law firm pursuant to an
Employment Agreement set forth below.
7.
3.
Pursuant to the Agreement, from and after July 1, 2011, up through the
date of Merle L. Silversteins death, both parties abided by the Agreement, and Merle L.
Silverstein was paid pursuant to said Agreement.
9.
receivable of Rosenblum, Goldenhersh, Silverstein & Zafft, P.C. for legal services
provided by Merle L. Silverstein to clients of Merle L. Silverstein and Rosenblum,
Goldenhersh, Silverstein & Zafft, P.C. from the period of July 1, 2011 to his death, for
which Merle L. Silverstein is entitled to 50% of the proceeds of each dollar collected by
Rosenblum, Goldenhersh, Silverstein & Zafft, P.C. for said legal services, and 100% of
the proceeds of each dollar collected by Rosenblum, Goldenhersh, Silverstein & Zafft,
P.C. for Trustees fees due and owing to Merle L. Silverstein.
10.
Zafft, P.C. has arbitrarily, wrongfully, and in a mean-spirited fashion decided not to
honor the Agreement on the alleged basis that the Agreement does not survive the
death of Merle L. Silverstein (Position).
11.
vested with the power to determine questions regarding the validity, construction and
interpretation of agreements, and is further vested with the power to declare the rights,
liabilities and obligations or other legal remedies among the parties to such agreements.
(Agreement). Exhibit A, attached hereto and made a part of this Petition for
Merle L. Silverstein and Rosenblum, Goldenhersh, Silverstein & Zafft, P.C. with respect
to whether: (1) the Agreement remains viable and enforceable after the death of Merle
L. Silverstein; and (2) pursuant to the Agreement, Rosenblum, Goldenhersh, Silverstein
& Zafft, P.C. is required to pay the Estate of Merle L. Silverstein pursuant to the
Agreement.
14.
remedy at law, in order to resolve the immediate controversy as set forth above, it is
necessary for this Court to declare that: (1) the Agreement survives the death of Merle
L. Silverstein; and (2) Rosenblum, Goldenhersh, Silverstein & Zafft, P.C. is required to
pay the Estate of Merle L. Silverstein pursuant to the Agreement.
15.
Goldenhersh, Silverstein & Zafft, P.C. which is the result of legal work performed by
Merle L. Silverstein from July 1, 2011 through the date of his death, should be
distributed to the Estate of Merle L. Silverstein pursuant to the Agreement.
16.
13.
By:
(2) Rosenblum, Goldenhersh, Silverstein & Zafft, P.C. are obligated to perform