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POST & CO. v. BITTERMAN, INC.

219 A.D.2d 214 (1996)

639 N.Y.S.2d 329

Herbert H. Post & Co., Appellant-Respondent, v. Sidney Bitterman, Inc., et al., Respondents-Appellants Sidney Bitterman, Inc., et al., Respondents-Appellants, v. Herbert H. Post & Co. et al., Appellants-Respondents

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

March 12, 1996

Attorney(s) appearing for the Case

Robert E. Kushner of counsel (Stephen F. Willig and Peter A. Stroili on the brief; D'Amato & Lynch, attorneys), for Herbert H. Post & Co. and another, appellants-respondents.

Helen Davis Chaitman of counsel (Kelly J.B. Elvin on the brief; Ross & Hardies, attorneys), for respondents-appellants.

Edward R. Epstein for Lawrence Klein, appellant-respondent.

ELLERIN, WALLACH and RUBIN, JJ., concur.

SULLIVAN, J. P.

This is an appeal by a certified public accounting firm, Herbert H. Post & Co., and its principal, Herbert H. Post (collectively, Post), charged by Sidney Bitterman, Inc., and Split End, Ltd. (the companies) and their principal owners, Leonard Bitterman and Caroline Bitterman (collectively, plaintiffs), in two actions, tried jointly, with a failure to discover an employee embezzlement. After...

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