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ISRAEL DISCOUNT BANK OF N.Y. v. EISNER AMPER LLP

589, 651135/14.

137 A.D.3d 638 (2016)

29 N.Y.S.3d 264

2016 NY Slip Op 02149

ISRAEL DISCOUNT BANK OF NEW YORK, on its Own Behalf and as Agent for Bank Leumi USA and Others, Appellant, v. EISNER AMPER LLP, Respondent.

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

Decided March 24, 2016.

Plaintiff, a lender to asset-based lender nonparty Oak Rock Financial, LLC, alleges fraud against defendant, Oak Rock's accountant, based on defendant's failure to discover that Oak Rock's founder and manager was manipulating Oak Rock's loans receivable. However, the complaint fails to allege that the opinion was "based on grounds so flimsy as to lead to the conclusion that there was no genuine belief in its truth" or that the...

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