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FISCHER v. KPMG PEAT MARWICK

195 A.D.2d 222 (1994)

Kenneth M. Fischer, Respondent, v. KPMG Peat Marwick, Formerly Known as Peat Marwick Main & Co., Appellant

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

February 10, 1994

Attorney(s) appearing for the Case

Dean Ringel of counsel, New York City (Kirsten Emigholz and Anthony J. Costantini with him on the brief; Cahill Gordon & Reindel, attorneys), for appellant.

Stuart Abrams of counsel, New York City (Michael R. Fleishman with him on the brief; Finkelstein Bruckman Wohl Most & Rothman, attorneys), for respondent.

SULLIVAN, J. P., ELLERIN and KUPFERMAN, JJ., concur.

NARDELLI, J.

This appeal presents the issue of whether the plaintiff's allegations that the partnership of which he was a member (the Partnership) improperly and in violation of its fiduciary duty to him excluded him from an amelioratory program for retiring partners on its contraction and reorganization state a cause of action within the meaning of CPLR 3211 (a) (7).

Plaintiff alleges in his first cause...

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