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RILAND v. TODMAN & CO.

56 A.D.2d 350 (1977)

W. Kenneth Riland, Appellant, v. Frederick S. Todman & Co. et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 17, 1977

Attorney(s) appearing for the Case

Boris Kostelanetz of counsel (Arthur N. Seiff with him on the brief; Kostelanetz, Ritholz & Mulderig, attorneys), for appellant.

Richard G. McGahren of counsel (Kenneth A. Sagat with him on the brief; D'Amato, Costello & Shea, attorneys), for respondents.

STEVENS, P. J., KUPFERMAN, SILVERMAN and MARKEWICH, JJ., concur.

BIRNS, J.

In three causes of action, plaintiff-appellant charged members of an accounting firm with breach of fiduciary duty, fraud and deceit, and professional malpractice or negligence.

In essence, defendants' answer contains a general denial and various affirmative defenses. On this appeal we are concerned solely with plaintiff's challenge to the first affirmative defense contained in the answer,...

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