BERG v. EISNER LLP

Nos. 7317, 651431/10.

94 A.D.3d 496 (2012)

941 N.Y.S.2d 616

2012 NY Slip Op 2602

CARL BERG, Appellant, v. EISNER LLP et al., Respondents.

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

Decided April 10, 2012.


Plaintiff claims that defendants committed accounting malpractice by failing to inform him of a possible tax election that would have allowed him to write off a large portion of his securities trading losses. Given the parties' accountant-client relationship, the scope of defendants' duty to plaintiff is no narrower than the terms of the parties' agreement, and may be broader, based on professional accounting standards (see Ulico Cas. Co. v Wilson, Elser, Moskowitz, Edelman...

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