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ABLE ENERGY, INC. v. MARCUM & KLIEGMAN LLP

1621, 1622N, 603224/07

69 A.D.3d 443 (2010)

893 N.Y.S.2d 36

2010 NY Slip Op 196

ABLE ENERGY, INC., et al., Appellants-Respondents, v. MARCUM & KLIEGMAN LLP et al., Respondents-Appellants.

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

Decided January 12, 2010.

The causes of action alleging breach of the covenant of good faith and fair dealing against the accounting firm of Marcum & Kliegman, and negligence and gross negligence against the firm and its individual accountants, were properly dismissed for failure to allege actual ascertainable damages arising in connection with such claims, which were nonduplicative of the damages asserted in connection with its breach of contract claims (see Pellegrino v File, ...

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