CANNONBALL FUND, LTD. v. MARCUM & KLIEGMAN, LLP

10621, 651674/11.

110 A.D.3d 417 (2013)

973 N.Y.S.2d 20

2013 NY Slip Op 6300

CANNONBALL FUND, LTD., et al., Appellants, v. MARCUM & KLIEGMAN, LLP, Respondent, et al., Nominal Defendants.

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

Decided October 1, 2013.


Appeal from order, Supreme Court, New York County (Bernard J. Fried, J.), entered April 6, 2012, which, in this action alleging auditor malpractice, granted defendant's motion to dismiss the complaint, deemed an appeal from judgment, same court and Justice, entered May 15, 2012, dismissing the complaint (CPLR 5501 [c]), and so considered, said judgment unanimously affirmed, with costs.

The court cited and applied the correct standard of review in adjudicating plaintiffs...

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