The action should have been dismissed as against defendant KPMG upon the ground that KPMG was not responsible for publishing the alleged defamatory statement, the only ground asserted, since the statement appeared in the annual report prepared by KPMG's client defendant Hemispherx, to which KPMG merely contributed a one-page independent auditor's report free of any statement respecting plaintiffs. The motion court, however, correctly held that the alleged defamatory statement...
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