PEOPLE v. ERNST & YOUNG LLP

11666, 451586/10

114 A.D.3d 569 (2014)

980 N.Y.S.2d 456

2014 NY Slip Op 1257

THE PEOPLE OF THE STATE OF NEW YORK, by ANDREW M. CUOMO, Attorney General of the State of New York, Appellant, v. ERNST & YOUNG LLP, Respondent.

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

Decided February 20, 2014.


Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered on or about January 10, 2013, which granted defendant's motion to dismiss the claim for disgorgement of fees received from Lehman Brothers Holdings Inc., unanimously reversed, on the law, without costs, and the motion denied.

In this action by the Attorney General brought under New York's Executive Law and Martin Act (General Business Law art 23-A), it was error to dismiss a claim for the equitable...

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