MARINE MIDLAND BANK v. GRANT THORNTON, L. L. P.


260 A.D.2d 318 (1999)

689 N.Y.S.2d 81

MARINE MIDLAND BANK, Appellant, v. GRANT THORNTON, L. L. P., Respondent.

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

Decided April 29, 1999.


The complaint is deficient because it does not allege that defendant prepared the financial reports knowing that its client would be showing them to plaintiff (see, Westpac Banking Corp. v Deschamps, 66 N.Y.2d 16, 19). We reject plaintiff's argument that the number of "financial institutions" that could have made a multi-million dollar loan to defendant's client is so small that if, as...

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