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EMBER v. BDO SEIDMAN

188 A.D.2d 309 (1992)

Norman Ember et al., Appellants, v. Bdo Seidman et al., Respondents

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

December 3, 1992

Triable issues of fact exist, including but not limited to whether defendant Tonelson selected the date on which plaintiff Norman Ember was to receive payment of the sale proceeds and the possible advice of prior accountants concerning the effects of the alternative minimum tax. The court properly directed the parties to proceed with discovery toward this end. Nor should this Court consider theories of liability not presented in...

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