CURIALE v. PEAT, MARWICK & CO


214 A.D.2d 16 (1995)

630 N.Y.S.2d 996

Salvatore Curiale, Superintendent of Insurance of The State of New York, as Liquidator of American Fidelity Fire Insurance Company and Another, Appellant, v. Peat, Marwick, Mitchell & Co., Respondent and Third-Party Plaintiff, et al., Third-Party Defendants

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

August 24, 1995


Attorney(s) appearing for the Case

John M. Nonna of counsel (Michael A. Knoerzer and Tracy A. Stein on the brief; Werner & Kennedy, attorneys), for appellant.

Sidney Davis of counsel (Dennis H. Tracey, III, Mark J. Schirmer and Edwin D. Scott on the brief; Davis, Scott, Weber & Edwards, P. C.), for respondent.

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


NARDELLI, J.

As stated by the Trial Judge, the claim here is that as the result of accounting malpractice the Insurance Department was induced to enter into a settlement of a rehabilitation proceeding in August of 1984, which settlement delayed the rehabilitation of the insurance company sought to be rehabilitated for a period of approximately 13 months.

The...

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