CAST ART INDUSTRIES v. KPMG LLP

Docket No. A-2479-08T2

3 A.3d 562 (2010)

416 N.J. Super. 76

CAST ART INDUSTRIES, LLC, Scott Sherman, Gary Barsellotti, and Frank Colapinto, Plaintiffs-Respondents/Cross-Appellants, v. KPMG LLP, Defendant-Appellant/Cross-Respondent, and John Quinn, John Shaw, Ed Lazor, and Frank Casal, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 26, 2010.


Attorney(s) appearing for the Case

Douglas S. Eakeley argued the cause for appellant/cross-respondent ( Lowenstein Sandler , attorneys; Mr. Eakeley , Maureen A. Ruane , Roseland , and David M. Reiner , on the brief).

Michael Avenatti (Eagan, O'Malley & Avenatti) of the California bar, admitted pro hac vice, argued the cause for respondents/cross appellants (Wilentz, Goldman & Spitzer and Mr. Avenatti, attorneys; Alan Wasserman , Woodbridge , and Mr. Avenatti , of counsel and on the brief; Jeffrey J. Brookner and Louis A. Greenfield , Woodbridge , on the brief).

Riker, Danzig, Scherer, Hyland & Perretti, and Richard I. Miller , of the New York bar, admitted pro hac vice, attorneys for amici curiae New Jersey Society of Certified Public Accountants and American Institute of Certified Public Accountants ( Mr. Miller , Jersey City, of counsel; Michael K. Furey and Stephanie R. Wolfe , Morristown , on the brief).

Before Judges SKILLMAN, GILROY and SIMONELLI.


The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

This appeal presents significant issues regarding the interpretation of the Accountant Liability Act, N.J.S.A. 2A:53A-25, which delineates the circumstances under which an accountant may be held liable for accounting malpractice to a party other than the accountant's client. The appeal also presents significant issues regarding the elements of a cause of action for accounting malpractice and...

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