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SHALAM v. KPMG LLP

41 A.D.3d 200 (2007)

837 N.Y.S.2d 647

JOHN J. SHALAM, Respondent, v. KPMG LLP et al., Defendants, and HVB STRUCTURED FINANCE, INC., Appellant.

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

Decided June 14, 2007.

As a threshold matter, the motion court correctly determined that plaintiff investor has standing to sue (see Behrens v Metropolitan Opera Assn., Inc., 18 A.D.3d 47 [2005]). Congo Ventures served no purpose other than as a vehicle through which the transactions were effectuated. For tax purposes, Congo Ventures' income, profit and losses were passed through to plaintiff. Plaintiff here...

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