PHILLIPS v. KANTOR & CO.


31 N.Y.2d 307 (1972)

Nathan Phillips, Appellant, v. Joseph Kantor & Company et al., Respondents, and Herbert Kantor, Defendant.

Court of Appeals of the State of New York.

Decided November 3, 1972.


Attorney(s) appearing for the Case

Benjamin Gassman for appellant.

Donald Stuart Bab and James D. Mollica for respondents and defendant.

Judges BURKE, SCILEPPI, BERGAN, JASEN and GIBSON concur with Judge BREITEL; Chief Judge FULD dissents and votes to affirm in a separate opinion.


BREITEL, J.

In a malpractice action against a partnership of accountants and the executors of the estate of the senior partner, the accountants' motion for summary judgment was granted and the complaint dismissed. Plaintiff, a lender to a third-party client of the accountants, who allegedly relied on false statements of the deceased partner appeals. The issue, one of first impression in this court, is whether...

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