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I. APPEL CORPORATION v. MAHONEY COHEN & COMPANY, CPA, P.C.

294 A.D.2d 196 (2002)

742 N.Y.S.2d 239

I. APPEL CORPORATION et al., Appellants, v. MAHONEY COHEN & COMPANY, CPA, P.C., et al., Respondents.

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

Decided May 16, 2002.

In this action for accounting malpractice, the motion court properly dismissed those portions of the complaint that pertained to the 1995 financial statement of I. Appel Corporation. The issue of whether plaintiff Feinberg had relied on the 1995 financial statement prepared by defendants was fully litigated in an arbitration proceeding brought by Feinberg, in which the arbitrators found that plaintiff Feinberg had not relied on the 1995 financial statement. That finding precludes...

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