CHERRY v. HERBERT & CO.


212 A.D.2d 203 (1995)

627 N.Y.S.2d 679

Adele Cherry et al., Respondents, v. Joseph S. Herbert & Company, Appellant

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

June 13, 1995


Attorney(s) appearing for the Case

Jack Babchik of counsel, New York City (Bergadano, Zichello & Babchick, attorneys), for appellant.

No appearance for respondents.

ELLERIN, J. P., WALLACH, KUPFERMAN and MAZZARELLI, JJ., concur.


Ross, J.

This appeal involves an action for negligence and fraud commenced by the plaintiffs against the defendant accounting firm. The dispositive issue presented concerns whether the trial court should have granted renewal of defendant's previously denied motion to dismiss plaintiffs' complaint pursuant to CPLR 3211 (a) (7), based upon defendant's so-called "new discovery" in the action and in light of the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases