ATKINS NUTRITIONALS, INC. v. ERNST & YOUNG L.L.P.


301 A.D.2d 547 (2003)

754 N.Y.S.2d 320

ATKINS NUTRITIONALS, INC., et al., Respondents-Appellants, v. ERNST & YOUNG, LLP, Appellant-Respondent, and CAP GEMINI ERNST & YOUNG U.S., LLC, Appellant.

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

Decided January 21, 2003.


Ordered that the order is modified by (1) deleting the provision thereof denying those branches of the motion of the defendant Ernst & Young, LLP, which were to dismiss the second cause of action, the fifth cause of action, so much of the third cause of action as sought consequential damages, and so much of the sixth cause of action as sought punitive damages, and substituting therefor a provision granting those branches of...

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