New York Daily News

Barnes: He’s damaging the firm

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NEW DETAILS of the Cellino and Barnes beef emerged Tuesday in court papers, as Stephen Barnes slammed his law partner’s “reprehensi­ble conduct” that could cause “catastroph­ic damage” to the firm.

The documents filed in Erie County Supreme Court allege Ross Cellino, who sued Barnes in May to dissolve their famous personal injury practice, is seeking to recruit staff to a new firm, encouragin­g clients to leave and talking trash about his estranged partner.

“Another statement that Ross made to the attorneys and employees during his pitch was that the ‘Cellino’ name was ‘better’ than the ‘Barnes’ name — analogizin­g our firm to Harley-Davidson and telling people ‘no one ever calls their motorcycle a Davidson,’ ” the papers allege.

The hugely successful firm employs 57 attorneys and 165 other staffers in New York State. It has over 10,000 clients and satellite offices throughout the state as well as in California, according to court papers.

Cellino and Barnes, which has offices in Manhattan, Queens, Brooklyn, and Long Island, claims to have won more than $2 billion in settlement­s for clients, according to its website.

The firm became widely known thanks to its catchy jingle urging aspiring litigants to call “800- 888-8888.”

But behind the scenes, all is not well at the firm, papers show.

In a company-wide email sent on May 10, Cellino notified staff he’d decided to part ways with Barnes — and repeatedly pointed out that his father had started the company.

“From the day that my dad and I hired Steve to today, over 24 years have passed. We’ve built an incredible firm together.

“However, after much deliberati­on, I have decided to part ways,” Cellino wrote.

He returned to the topic later in the email.

“As you may know, my dad started the predecesso­r to Cellino & Barnes in 1958,” Cellino wrote.

He then listed the firm’s 11 names, including Cellino & Likoudis; Cellino & Bernstein; Cellino, Dwyer & Barnes — before concluding with an intriguing, “Cellino & ???”

The email is just one example of Cellino’s disruptive behavior, Barnes says.

“Ross is attempting to exert authority beyond that which he actually possesses. Ross is not the President of C&B, I am, and as such he does not have the authority to engage in any of the aforementi­oned wrongful conduct,” Barnes says in an affidavit.

“Ross has engaged in a campaign of conduct, which has caused and continues to cause catastroph­ic damage to C&B, its reputation, and its brand.”

Both sides are due in Buffalo court Thursday. Barnes seeks a judge’s order prohibitin­g Cellino from interferin­g with the firm’s clients, employees and business relationsh­ips. The firm’s dissolutio­n requires court approval.

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