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OVERTON v. TODMAN & CO., CPAS, P.C.

Docket No. 06-2496-cv.

478 F.3d 479 (2007)

David OVERTON and Jerome I. Kransdorf, Plaintiffs-Appellants, v. TODMAN & CO., CPAS, P.C. and Trien, Rosenberg, Rosenberg, Weinberg, Ciullo & Fazzari, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 26, 2007.

Attorney(s) appearing for the Case

Eric S. Hutner, Hutner Klarish LLP, New York, NY, for Plaintiffs-Appellants.

Jordan Sklar, Babchick & Young LLP (Jack Babchik, on the brief), White Plains, NY, for Defendants-Appellees.

Before KEARSE, McLAUGHLIN, and STRAUB, Circuit Judges.

STRAUB, Circuit Judge.

This case requires us to examine one circumstance in which an accountant may incur primary liability for securities fraud. Plaintiffs-appellants David Overton and Jerome I. Kransdorf filed this action against Todman & Co., CPAs ("Todman"), and its successor in interest, Trien, Rosenberg, Rosenberg, Weinberg, Ciullo & Fazzari, LLP, asserting a fraud claim under § 10(b) of the Securities Exchange Act of 1934 and Securities and Exchange...

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