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RGH LIQUIDATING v. DELOITTE

600057/06, 5001

71 A.D.3d 198 (2009)

891 N.Y.S.2d 324

THE RGH LIQUIDATING TRUST, on Behalf of RELIANCE GROUP HOLDINGS, INC., and Others, Respondent, v. DELOITTE & TOUCHE LLP et al., Appellants.

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

Decided December 8, 2009.

Attorney(s) appearing for the Case

Kramer Levin Naftalis & Frankel LLP, New York City ( Michael J. Dell , Jonathan M. Wagner and Timothy J. Helwick of counsel), for appellants.

Gage Spencer & Fleming LLP, New York City ( G. Robert Gage, Jr. , William B. Fleming and Laura-Michelle Rizzo of counsel), for respondent.

MAZZARELLI, J.P., SAXE, ACOSTA and DEGRASSE, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

This appeal requires us to determine whether a federal statute, the Securities Litigation Uniform Standards Act of 1998 (Pub L 105-353, 112 US Stat 3227, codified in pertinent part at 15 USC § 78bb [f] [SLUSA or the Act]), mandates the dismissal of fraud claims against an accounting firm asserted by plaintiff RGH Liquidating Trust (the RGH Trust) on behalf of the holders of...

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