COLLINS v. ESSERMAN & PELTER


256 A.D.2d 754 (1998)

681 N.Y.S.2d 399

JAMES C. COLLINS, as Trustee in Bankruptcy of EDWARD NEZELEK CONSTRUCTION COMPANY, INC., Respondent, v. ESSERMAN & PELTER et al., Appellants.

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

Decided December 10, 1998.


Crew III, J. P.

In 1983, Robert Kocenko and Anthony Passionino formed Edward Nezelek Construction Company, Inc. (hereinafter Nezelek), a general contracting company. Thereafter, in 1984, Nezelek retained defendant Esserman & Pelter (hereinafter E & P) to prepare compilations and, later, beginning in 1986, to prepare financial statements. Also in 1986, Nezelek terminated its bookkeeper, Mary Anne Walsh, after discovering that she was stealing money from the...

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