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MERCH. FACTORS CORP. v. WOLFSON, KAPIT, MELZER, MILOWSKY, ETTINGER & WIESELTHIER

229 A.D.2d 352 (1996)

645 N.Y.S.2d 306

Merchant Factors Corp., Respondent-Appellant, v. Wolfson, Kapit, Melzer, Milowsky, Ettinger & Wieselthier, P. C., Appellant-Respondent

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

July 25, 1996

Defendant Wolfson, Kapit, Melzer, Milowsky, Ettinger & Wieselthier, P. C. (WKM) was the accountant for E.Z. Sports and introduced this company to plaintiff, a small factor, as a potential new client. As a result, plaintiff and E.Z. Sports entered into a Discount Factoring Agreement on August 23, 1990. It is undisputed that WKM, in furnishing plaintiff financial statements of E.Z. Sports, departed from accepted accounting practices...

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