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WILLIAMSON v. PRICEWATERHOUSE

9 N.Y.3d 1 (2007)

872 N.E.2d 842

840 N.Y.S.2d 730

RICHARD A. WILLIAMSON, as Successor Liquidating Trustee on Behalf of LIPPER CONVERTIBLES, L.P., and LIPPER FIXED INCOME FUND, L.P., Respondent, v. PRICEWATERHOUSECOOPERS LLP, Appellant.

Court of Appeals of the State of New York.

Decided June 7, 2007.

Attorney(s) appearing for the Case

Orrick, Herrington & Sutcliffe LLP, New York City (J. Peter Coll, Jr., Sherene D. Hannon and Thomas H. Godwin of counsel), and Andrew J. Plunkett for appellant.

Labaton Sucharow & Rudoff LLP, New York City (Thomas A. Dubbs, Lisa Buckser-Schulz, Barry Michael Okun and Craig A. Martin of counsel), for respondent.

Willkie Farr & Gallagher LLP, New York City (Kelly M. Hnatt and Matthew P. Bosher of counsel), and Richard I. Miller for American Institute of Certified Public Accountants and another, amici curiae.

Wilentz, Goldman & Spitzer, P.A., Woodbridge, New Jersey (Kevin P. Roddy of counsel), for National Association of Shareholder and Consumer Attorneys, amicus curiae.

Berman DeValerio Pease Tabacco Burt & Pucillo, Boston, Massachusetts and San Francisco, California (Joseph J. Tabacco, Jr., and Nicole Lavallee of counsel), for Professor Ross Fuerman, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

JONES, J.

We are asked to determine whether the continuous representation doctrine applies to toll the limitations period applicable to plaintiff's auditing malpractice claims against defendant. In the circumstances presented, we conclude that it does not.

Facts and Procedural History

Lipper Convertibles and Lipper Fixed Income Fund (collectively, the Funds) were private investment limited partnerships (hedge funds...

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