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PENNER v. HOFFBERG OBERFEST BURGER & BERGER

303 A.D.2d 249 (2003)

755 N.Y.S.2d 835

ARNOLD S. PENNER, Appellant, v. HOFFBERG OBERFEST BURGER & BERGER et al., Respondents.

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

Decided March 18, 2003.

Plaintiff's malpractice claims against defendant accountants for back taxes and interest were properly dismissed, since plaintiff's tax liability was not attributable to an act or omission on defendants' part (see Lama Holding Co. v Smith Barney, 88 N.Y.2d 413, 422-423 [1996]; Alpert v Shea Gould Climenko & Casey, 160 A.D.2d 67, 71-72 [1990]). Also properly dismissed were plaintiff's...

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