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New York Commercial Division Case Compendium A Searchable Database of Court Decisions Issued by New York’s Commercial Division

Category Archives: Accounting

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Accountant Providing Non-Auditing Tax Services Still Has Professional and Fiduciary Duties to Inform Taxpayer of Questionable Financial Practices

Posted in Accounting, Banking, Breach of Contract, Breach of Fiduciary Duty, Demarest, Carolyn E., Fraud, Kings, Malpractice, Motion to Dismiss, Negligence

In a July 21, 2015, Kings County Commercial Division decision by Justice Demarest, the court denied in part and granted in part defendants’ motion to dismiss plaintiff’s amended complaint under CPLR 3211 (a) (1) and (7).

Plaintiff Escapes Three-Year Limitations Period for Accounting Malpractice by Alleging Intentional Misconduct in Support of Claims for Breach of Contract and Fraud

Posted in Accounting, Albany, Breach of Contract, Breach of Fiduciary Duty, Fraud, Malpractice, Motion to Dismiss, Platkin, Richard, Statute of Limitations, Uncategorized, Unjust Enrichment

In a March 6, 2015, Albany County Commercial Division decision by Justice Platkin, the court granted in part and denied in part defendant-accounting firm’s (the “Firm’s”) motion to dismiss plaintiff-New York Worker’s Compensation Board’s (the “Board’s”) action alleging inadequate and improper accounting services.

Pension Fund Auditor May Have Had Duty to Investigate and Verify Fund’s Investments in Madoff-Related Entities

Posted in Accounting, Ambiguity, Breach of Contract, Breach of Fiduciary Duty, Erie, Estoppel, Fraud, Malpractice, Misrepresentation, Summary Judgment, Walker, Timothy J.

In an August 19, 2014, Erie County Commercial Division decision by Justice Walker, the court denied in part and granted in part defendant-accounting firm’s motion for summary judgment dismissing plaintiff-pension fund’s action for audit deficiencies and other misconduct.

Dispute Over Ownership of Family Business Keeps Conversion Claim Regarding Business Records Alive: Gardner v Leitgeb & Vitelli, LLP

Posted in Accounting, Breach of Contract, Breach of Fiduciary Duty, Conversion, CPLR 3212, Derivative Actions, Emerson, Elizabeth, Malpractice, Suffolk, Summary Judgment

In a February 17, 2012, decision by Justice Emerson, the court granted defendants’ motion for summary judgment dismissing plaintiffs’ claims for breach of fiduciary duty, breach of contract, and professional malpractice but denied defendants’ motion as to plaintiffs’ conversion claim.  Plaintiff-shareholders sued defendant-accountants, claiming that they suffered damages as a result of their accountants’ failure to… Continue Reading