SMALLBERG v. RAICH ENDE MALTER & CO., LLP

2015-07070, Index No. 64085/14.

140 A.D.3d 942 (2016)

35 N.Y.S.3d 134

2016 NY Slip Op 04704

LEONARD SMALLBERG et al., Appellants, v. RAICH ENDE MALTER & CO., LLP, et al., Respondents.

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

Decided June 15, 2016.


Ordered that the order is reversed insofar as appealed from, on the law, on the facts, and in the exercise of discretion, with costs, and that branch of the plaintiffs' cross motion which was pursuant to CPLR 3025 (b) for leave to serve an amended complaint alleging a cause of action to recover damages for aiding and abetting a breach of fiduciary duty is granted.

Smallberg, Sorkin & Company, LLP (hereinafter SS&Co.), was a general practice accounting firm...

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