SECURITIES INVESTOR v. BDO SEIDMAN


95 N.Y.2d 702 (2001)

746 N.E.2d 1042

723 N.Y.S.2d 750

SECURITIES INVESTOR PROTECTION CORPORATION et al., Appellants, v. BDO SEIDMAN, L. L. P., Respondent.

Court of Appeals of the State of New York.

Decided February 20, 2001.


Attorney(s) appearing for the Case

Kenneth J. Caputo, Washington D.C., Stephen P. Harbeck and Kalkines, Arky, Zall & Bernstein, L. L. P., New York City (O. Peter Sherwood and Diana A. Jarvis of counsel), for Securities Investor Protection Corporation, appellant.

Willkie Farr & Gallagher, New York City (Michael R. Young and Scott S. Rose of counsel), Scott M. Univer, Chicago, Illinois, and Barbara A. Taylor for respondent.

Vedder, Price, Kaufman & Kamholz, New York City (Dan L. Goldwasser of counsel), for New York State Society of Certified Public Accountants, amicus curiae.

Allegaert Berger & Vogel, L. L. P., New York City (Louis A. Craco, Jr., of counsel), and Richard I. Miller for American Institute of Certified Public Accounts, amicus curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY, ROSENBLATT and GRAFFEO concur.


OPINION OF THE COURT

CIPARICK, J.

Once again we are called upon to consider the scope of an accountant's liability to a non-privy third party for misrepresentations. This time the issues are presented, through certified questions, in the context of the heavily regulated relationships among actors in the financial markets.

Plaintiff Securities Investor Protection Corporation (SIPC) claims that defendant BDO Seidman (BDO), an accounting firm, fraudulently...

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