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BLOOSTEIN v. MORRISON COHEN, LLP

6613, 651242/12.

161 A.D.3d 546 (2018)

77 N.Y.S.3d 54

2018 NY Slip Op 03604

Jonathan Bloostein et al., Plaintiffs, v. Morrison Cohen, LLP, et al., Defendants/Third-Party Plaintiffs-Respondents. Brown Rudnick LLP, Third-Party Defendant-Appellant. (And a Fourth-Party Action.)

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

Decided May 17, 2018.

This dispute concerns a tax opinion letter sent by Brown Rudnick to plaintiff investors. The letter allegedly misstated the trigger of a default that would terminate the tax benefits that were a purpose of the underlying transaction. The third-party complaint sufficiently pleads causation by alleging that the tax opinion letter was a contributing factor in plaintiffs' injury; the alleged misstatement need not be the sole proximate...

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