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HARTFORD v. PEAT, MARWICK

129 Misc.2d 990 (1985)

Hartford Accident & Indemnity Company, Plaintiff, v. Peat, Marwick, Mitchell & Company, Defendant.

Supreme Court, Special Term, New York County.

October 16, 1985

Attorney(s) appearing for the Case

Cahill, Gordon & Reindel for defendant. Lambert & Weiss for plaintiff.

HAROLD BAER, JR., J.

Defendant, Peat, Marwick, Mitchell & Company (PMM), moves pursuant to CPLR 3211 (a) (7) to dismiss the complaint.

Plaintiff, Hartford Accident & Indemnity Company (Hartford), paid the loss incurred by Environmental Defense Fund Inc. (EDF) resulting from five years of embezzlement by two EDF officers. Hartford insured EDF against the possibility of employee dishonesty. EDF retained PMM to audit its books prior to 1979...

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